
Class __L^ill3_ 
Book '^ 

OFFICIAH^ IJOSSTATION. 



X-JVs.QKA . \z> . 




Q^^ 



SvjperirxtervdeiAce. 



OPINIONS 

BY STATE SUPERINTENDENT WM, STKYKER. 

A county superintendent cannot enter into a contract 
with a school-district board to teach a public school over 
which he has supervision as county superintendent. The 
courts have held that, where it is the duty of a party to su- 
pervise a certain work, that he cannot enter into a contract 
to perform such work and receive pay for the same. After 
a superintendent, whose salary is $600 or less, has per- 
formed all of the duties prescribed by law for him to per- 
form, he is at liberty to employ himself as he sees fit, 
provided his work does not conflict with his official duties. 
He could contract and teach a select school, or a school in 
a city of the first or second class. 



Taxes levied in a school district at the time of the annual 
school meeting belong to the district in which they are 
levied. The fact that territory is detached from a district 
after the tax levy has been made does not entitle the dis- 
trict to which the territory has been attached to any part 
of the taxes collected in said first district for school pur- 
poses. 

A teacher, in connection with the district board, may ex- 
pel a pupil for cause. If a pupil refuses to comply with rea- 
sonable requirements, that would be sufficient cause for 
expulsion. Requiring that a pupil learn a piece to speak 
once in two weeks would not be unreasonable. 



A teacher, when sustained by the district board, can 
compel a pupil to do anything within reason. Taking an 
examination at the close of each school month is not un- 
reasonable. 

The school-district board and the teacher have the right to 
enforce a rule foi-bidding the use of tobacco in any form 
about the schoolhouse or upon the schoolhouse grounds. 



Any taxpayer may object to public money being paid to 
a teacher not holding a certificate, and in that case the 
money must be made good to the district by the board. 



RECENT ^ J. SCHOOL DECISIONS. 

SUMMARY REVOCATION OF APPOINTMENT. 

The question of whether a school hoard has author- 
it}^ to revoke the appointment of a teacher, summarily 
and without cause, was presented and answered in the 
negative in the case of School, City of Lafayette v. 
Bloom, which was recently hefore the appellate court 
of Indiana. 4G N. E. Eep. 1,016. It appeared that 
the ap]3ointment under consideration related to a cer- 
tain school year, in which, 'heginning at a certain day, 
the teacher appointed was to hold a position and to 
teach at a certain salary of a certain amount hy the 
month, or for each successive month, suhject only to 
the right reserved by the hoard to remove her from 
the position at any time upon two weeks' notice to her. 
She signed a written acceptance of the appointment 
"suhject to all the conditions enumerated." This 
established a contractual relation. Thereupon, not- 
withstanding the contract was wholly executory (or to 
be performed in the future), the court says, each party 
became bound, and each acquired rights. Parties to 
an executory contract may rescind it by mutual con- 
sent, but they each have a right to insist upon the 
maintenance of the contractual relation up to the 
performance, as well as the right to performance when 
the proper time arrives. It is the duty of one who has 
employed another to* receive him into the service, and 
if he refuse to do so, Avithout good cause, this will 
constitute a breach of contract fotr which an action 
will lie. This applies to teachers as Avell as to any one 
else. But in this case the board tried to get around 
this feature of the law by alleging that it had not 
contemplated a repudiation of the contract before the 
commencement of the service, only a removal of the 
teacher from the position, in accordance with the 
terms of the contract, the notice therefor being sup- 
plied by the notice of revocation of the appointment 
being given more than two weeks before the date for 
entry upon the service. Yet, under these circum-' 
stall ces>, the court afhrms a judgment for the teacher. 
It holds that a summary revocation without any pre- 
vious notification was not a removal from the position 
upon two weeks' notice; that it mattered not that the 
revocation was in the vacation before the time for 
commencing the service under the contract; and that, 
under the contract, the board had no right to revoke 
the appointment summarily and without cause. 



LAWS OF WISCONSIN 



RELATING TO 



COMMON SCHOOLS, 



High and Nornnal Schools, 



AND TO THE 



STATE UNIVERSiTV. 



IN FORCE JULY I, 1897. 



PUBLISHED IN CONFORMITY WITH LAW, 
UNDER THE DIRECTION OF 

J. Q. EMERY, 

STATE SUPERINTENDENT. 




OBRARY 



MADISON, WIS.: 
Democrat Printing Company. State Printer. 

1897. 



l/) 



TO SCHOOL OFFICERS. 



This vo ume is public property, and is to be kept by the 
officers to whom it is sent, and handed to their successors in 
office. District officers may loan their copies to eectors in 
their respective districts, but these officers are alone responsible 
for their safe keeping. 



iVIAH 5 1901 
D. ofO, 






CONTENTS. 



PAGE. 

I. Formation, Alteration, Meetings and Powers of Districts. 1-.33 

II. District Officers and Board 34-60 

III. Certificates and Examinations 61-73 

IV. The Cjaaty Sap3rint3ai3a^. 7i-83 

V. Reports 86-92 

VI. Duties of Town Officers Relating to Public Schools 93-95 

VII. Assessment and Collection of District Taxes 96-98 

VIII. Borrowing money 99-104 

IX. Establishment of Schoolhouse Sites 105-107 

X. Libraries 108-118 

XI. Judgments Against School-Districts 119-120 

^ XII. Free High Schools 121-1.35 

XIII. Appeals 136-U2 

XIV. Penalties and Miscellaneous Laws 143-166 

XV. Township System of School Government 167-180 

XVI. Of the Distribution of the School Fund Income IS 1-186 

XVII. Of the University 187-196 

XVIII. Of Normal Schools and of Academies 197-207 

XIX. The State Superintendent 208-212 

XX. Constitutional Provisions 213-214 

XXI. Forms 215-245 



PREFACE. 



The statutes prescribe the following, among the duties of the 
state superintendent: "He shall cause the laws relating to 
common schools, with the rules and regulations and forms afore- 
said, and such instructions as he shall deem necessary, to be 
printed in pamphlet form, with a suitable index, and he shall 
cause such pamphlets to ■'be distributed among the several dis- 
trict and other officers having the care of common schools 
throughout the state. " * * * * 

" Whenever any amendments shall be made to the provisions 
of this chapter, he sha'i furnish a copy of such amendments to 
every school district in the state. " 

This edition of the School Laws of Wisconsin is issued in 
compliance with the foregoing statutory provisions, and in- 
cludes the various acts of the legislature of 1?97, relating to 
school laws. It also includes the laws relating to free high 
schools, state normal schools and the University of Wisconsin 

Chapter 354, laws of 1897, which takes effect July 1, 189-7, is 
a revision and codification of the school laws of the state, in 
which the laws upon school matters, contained in numerous acts 
of the legislature, scattered through many years, are brought 
together in their proper relations and connections. 

Attention is called to various amended sections, as follows: 

Section 412, amended to make more explicit the authority to 
consolidate districts, and to form new districts fi'om parts of ex- 
isting districts. 

Section 413, amended by inserting the words " whenever a 
new district shall be formed," at the beginning of the second 
sentence. 



vi Preface 

Section 417, amended !:)y inserting the words "of the town or 
towns of , " to supply an omission. 

Section 423, amended by adding a clause, providing this sec- 
tion shall not apply to districts where the school is suspended 
and provision is made for the instruction of pupils in another 
district, or other districts. 

Section 427, amended by substituting the word " shall " for 
the word "may" in the first clause; also by adding the words, 

voting a tax to compensate the clerk, and authorizing a change 
in textbooks." These things are authorized to be done at an- 
nual meetings only, in subdivision 18, of section 430, and in 
section 440. 

Also amended by adding the words "exclusive of the day on 
which the meeting is to be held " at the end of the section. 

Section 430, subdivision 15 is inserted, and provides for au- 
thorizing the district board to suspend a school and to arrange 
for the instruction of pupils in an adjoining or other district, 
and for their transportation thereto. 

Subdivision 16 is added, authorizing any district to vote a 
tax to provide for the conveyance of children to and from the 
schoolhouse. Subdivisions 17, 18, 19 are renumbered. 

Section 432, amended by adding at the end of the present 
section the words, " No formal notice of a meeting shall be re- 
quired where all members are pi^esent and consent to consider 
matters relating to the district, but the clerk shall make a 
record of aU determinations of the board at all meetings there- 
of. " 

Section 446 is amended by inserting the words, " and to the 
town treasurer," in the first subdivision, that the latter officer 
may perform the duties required in other parts of the law. 

Section 447 is amended by adding a clause authorizing kin- 
dergarten instruction and training in primary grades. Also, 
providing for instruction in U. S. history. 

Section 453 is amended in first sentence by requiring charges 
against teachers to be made in writing. 

Section 455 is amended by authorizing the board of examiners 



Preface. vii 

to pass upon evidence of good moral character, experience and 
success in teaching, in the same manner as they do when acting 
upon diplomas and certificates granted in other states. 

Sections 458a, 458b, 458c, 458d are revisions of previous laws 
upon the subject of countersigning teachers' certificates, and of 
diplomas and certificates of universities, colleges and normal 
schools, scattered through several years, but principally con- 
tained in chapter 156, laws of 1893, and chapter 243, laws of 
1895 

Section 467 is amended to require apportionment of money by 
town clerk.^ of aU money collected or received for school pur- 
poses by the town treasurer on or before the third Monday in 
March annually. 

Section 486a includes amendments by chapter 47, laws of 
1895, and amendments (1) changing time when books shall be 
purchased; (2) omitting the circulating feature of township 
library; (3) requiring each district clerk to keep a record of the 
books received for the district from the town clerk. 

Section 490, amended to include subdistricts, and includes 
amendments by chapter 245, laws of 1879. 

Section 492 includes section 2, chapter 245, laws of 1879, and 
is otherwise amended to p^'ovide for subdistricts. 

Section 509, amended to conform to present title of Webster's 
dictionary, and authorize its sa'e to normal schools and to 
county superintendents. 

Section 514, as amended by chapter 251, laws of 1883, is now 
found as section 440a. 

Section 523 is amended by providing for limiting the 
number of days for which a secretary may be compensated in 
any year. 

Section 524 is amended by authorizing water supply for school 
premises, and the free transportation of all pupils living more 
than one and one-half miles from the schoolhouse. 

Section 534 slightly amended to make report correspond with 
the annual report to county superintendent for the school year 
ending June 30. 



viii Preface. 

Section 540, amended to provide that no money collected for 
school purposes shall be paid out for any other purpose. 

Section 541, amended by fixing the place for subdisfcricb 
annual meetings. 

Section 547, amended by adding at the end of the first sentence 
the words, " without regard to the town in which he may re- 
side. " 

Section 551, amended by exempting districts maintaining 
graded schools from operation of township system. 

Section 554 of chapter XXVIII of the revised statutes is 
amended by pi^oviding for an annual apportionment of the school 
fund income, including the amount to accrue from the one mill 
tax to be collected by the several counties before the first Mon- 
day in February next succeeding the date of the apportionment, 
and to make the law otherwise conform to this provision. 

This section is also further amended by providing for count- 
ing the time any district may suspend its school and provide 
for instruction and conveyance of pupils in an adjoining or 
other district as compliance with the law relating to mainten- 
ance of a public school in the district. 

Section 557 is amended by providing that the amount appor- 
tioned to any county in December from the school fund income 
shall be payable to the county treasurer at the time he is re- 
quired by law to pay the state treasurer the amount due from 
his county on account of state taxes collected by him. 

This chapter retains the numbers of the sections in Sanborn 
& Berryman's annotated statutes. The catch words introducing 
the sections correspond, so far as applicable, with those of San- 
born & Berryman's annotated statutes, and are used by permis- 
sion. Comments and explanations, common to the various 
editions of the school code issued in the past, are given where 
the law seems obscure or its interpretation doubtful. 

Madison, Wis., June 21, 1897. 



THE SCHOOL LAWS OF WISCONSIN. 



CHAPTER 354. 



An Act to amend codify, and revise chapter 27, of the revised 
statutes of 1878, entitled, "of common schools," and chapter 
28, revised statutes, of 1878, entitled, "of the distribution of 
the school fund income;" and of laws amendatory of those 
chapters, as authorized and required by section 3, of chapter 
253, of the laws of 1895. 

The people of the state of Wisconsin, represented in Senate and 
Assembly, do enact as folloivs : 

Section 1. Chapter 27, of the revised statutes of 1878, is 
hereby amended so as to read as follows: 



CHAPTER 27. 

I— FORMATION, ALTERATION, MEETINGS AND 
POWERS OF DISTRICTS. 

FORMATION OF DISTRICTS. 

Town Iboarcis may form and alter — Section 412. The 
town board of each town in this state shall have power to form 
and alter districts in the manner hereinafter set forth; pro- 
vided, that every school district shall be of contiguous territory, 
and shall not embrace more than thirty-six square miles of land; 
a,nd that whenever any school-district which has by vote contracted 
a debt, shall be altered by taking territory from it before 
such debt is fully paid, no such alteration shall be made 
so as to leave to the district from which territory is taken an 
indebtedness exceeding five per centum on the value of the tax- 
able property therein to be ascertained by the last assessment 
for state and county taxes previous to the incurring of such 



2 Formation of Districts. 

indebtedness. Two or more existing districts may be united to 
form a single district, and new districts may be formed from 
parts of existing districts. 

The purpose of the provision requiring school districts to 
be composed of contiguous territory is to secure districts as 
compact as the natural features of the country will permit. It 
is important that districts should embrace sufficient wealth to 
enable them to maintain efficient schools without oppressive tax- 
ation, and school population enough to elicit the best efforts of 
the teacher, and to give continued zest to the school. Only 
compact and well formed districts can secure these results. 

By section 263, revised statutes, no district which is indebted 
to the trust funds of the state can be altered by taking there- 
from any land included therein at the time of obtaining such 
loan, until such loan is fully paid, without the consent of the 
land commissioners of the state, and only upon such terms as 
they shall prescribe. 

Sections 47-4, 475, 476, 476a, authorize school dirtricts to 
borrow money in certain caaes, and prescribe the mode of pro- 
cedure. 

How formed — Section 413. The formation of any such 
school district shall be by written order of the town board de- 
scribing the territory embraced in the same, to be filed with the 
town clerk within twenty days after the making thereof. When- 
ever a new district shall be formed, the supervisors shall de- 
liver to a taxable inhabitant of the district their notice there- 
of in writing describing its boundaries and appointing a time 
and place for the first district meeting, and shall therein direct 
such inhabitant to notify every qualified voter of the district, 
either personally or by leaving a written notice at his place of 
residence, of the time and place of such meeting, at least five 
days before the time appointed therefor, and said inhabitant 
shall notify the voters of such district accordingly, and endorse 
thereon a return containing the names of all persons thus noti- 
fied, and said notice and return shall be recorded as a part of 
the record of the first m.eeting in such district. 

The order forming a new district should describe its territory 
by the government surveys ; that is, the order should describe 
the parcels of land embraced in the new district, and need not 
contain the names of its inhabitants. See Form No. 1. 



Formation of Districts. 3 

This section provides for the formation of districts out of new- 
territory, and the order may take effect immediately. Section 
419 prescribes the mod*^ of procedure where the new district is 
formed in whole or in part from territory detached from other 
school districts- 

Whenever practicable the notice for which this section pro- 
vides should be read in the hearing of each voter. Where this 
is impracticable a copy of the notice must be left at the resi- 
dence of the voter. 

The notice for the first meeting of the new district must be 
served as early as the sixth day before the day named for such 
meeting, as the day on which the notice is served is not counted. 
See Forms Nos. 2 and 3. 

Not only the names of all persons notified, but the manner in 
which the notice was given to them must be embraced in the 
return made. " All returning officers are ministerial, and are 
bound to set forth in their returns all acts done by them, that 
the proper tribunal may judge of their sufficiency. They are 
not competent to judge of the legality of a notice or service; 
and a return that a precept has been legally served, or that the 
duty enjoined by the warrant has been duly performed, would 
most clearly be insufficient. " 12 Pick. , 206. 

The return is the only competent evidence of the service of 
the warrant and is to be endorsed on the notice read to the 
voters ar d signed by the person giving the notices. This docu- 
ment shou_d be produced at the first meeting, and filed with the 
records of the district. See Foi'm No 4. 

Another proceeding for forming— Section 414. In case 
such notice shall not be a'iven, or the inhabitants of a district 
shall neglect or refuse to assemble and form a district meeting 
when so notified, or in case any school-district, having been 
formed or organized, shall afterward be disorganized, so that 
no competent authority shall exist therein to call a special dis- 
trict meeting in the manner herein provided, notice shall be 
given by the town board, and served in the manner prescribed 
in the preceding section. Whenever a district meeting shall 
be called as prescribed in this and the preceding section, it 
shall be the duty of the electors of the district to assemble at 
the time and place so directed. See Form No. 5. 



4 Formation of Districts. 

The qualifications of electors are defined in sections 428 and 
428a. The inhabitants having assembled in compliance with the 
call for which the section provides, the meeting should be or- 
ganized by the election of a chairman and clerk ji^ro temjyore, and 
then proceed to the election of officers according to the provi- 
sions of section 431. Section 416, and the comments following, 
describe the mode of procedure that should follow the election 
of a district board. 

Formation of joint district — Section 415. Whenever it 
shall be necessary to form a district from two or more adjoining 
towns, the town boards of such towns shall meet together and 
form such district by their written order, describing the terri- 
tory embraced in such district, signed by at least two of the 
supervisors of each town; and shall file one such order with the 
town clerk of each town, and deliver the notice of formation to 
a taxable inhabitant of such district, and cause the same to be 
served and returned in the time and manner hereinbefore pre- 
scribed; and any such district may be altered only by the joint 
action of the town boards of such towns in the same manner 
that other districts are altered. See Form No. 6. 

Ordinary districts may become joint districts by the division 
of a town, without any further action. 35 Wis., 178. 

It will be seen by this section that a joint district can be 
formed, altered, or dissolved only by the joint action of the 
supervisors of all the towns interested, and an order effecting 
any of these changes must be signed by a majority of each town 
board. 

Notice for the first meeting of a joint district must also be 

signed by a majority of the supervisors of each of the towns in 

which any part of such district is situated. 

Organization of a district — Section 416. Every school- 
district shall be deemed duly organized when any two of the offi- 
cers elected at the first legal meeting thereof shall have con- 
sented to serve in the offices to which they have been respec- 
tively elected, by a written acceptance thereof, filed with the 
clerk at the first meeting, and recorded in the minutes thereof; 
and every school-district shall be considered as duly organized, 
after it shall have exercised the franchises and privileges of a 
district for the term of two years. See Form No. 7. 

If two of the officers elected are present, and at once file their 
acceptances with the clerk of the meeting, and he records them, 



Formation of Districts. 5 

the district is tlien duly organized, and may proceed to the 
transaction of any other business, as provided in section 430. 
The treasurer is not likely to file an approved bond at that time, 
but that can be done afterwards. If two of the officers do not 
then file their acceptances, the meeting should adjourn and 
await their action. If the persons elected at the first meeting, 
or any of them, refuse to accept, the meeting may at once pro- 
ceed to elect others. The same may be done at an adjourned 
meeting, if notice of refusal to serve is then received. The dis- 
trict should endeavor to effect a complete organization, but if 
after reasonable trial it fails to secure more than two ofiicers by 
election, the two who have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the 
privileges of a school-district for two years, it is held to be 
legally organized, notwithstanding any informality of proceed- 
ing in its organization; and in the meantime, and until its or- 
ganization is set aside by competent authority, it is the duty of 
its officers to comply with all the requirements of the school law. 
It is sufficient for them to know that it is a district de facto. 
After two years have elapsed, its organization cannot be set 
aside on account of any alleged defect in its original formation 
or organization. 

Corporate powers Of districts — Section 417. Every 
school district organized in pursuance of this chapter, or 
which has been organized pursuant to law, shall be a body cor- 
porate, and shall possess the usual powers of a corporation for 
public purposes, by the name and style of school district or 

joint school district number of the town (or towns) of , 

(name of the town or towns in which the district is situated) ; 
such number shall be designated by the town board or boards 
in the formation thereof ; and in that name shall sue and be 
sued, and be capable of contracting and being contracted with, 
and of holding such real and personal estate as is authorized to 
be purchased by law and of selling the same. 

A school district, as a corporate body, has perpetual succes- 
sion and existence by its corporate name, and may hold real 
and personal estate for its corporate purposes. It is a body 
created by law, and is wholly distinct from the individuals that 
may, from time to time compose it. It does not become dis- 



6 Formation of Districts. 

solved, or lose any of its rights, or become discharged of its 
obligations by a change of its name, number oi' boundaries,' or 
by becoming a joint district. (4 Wis., 79.) But the number 
of a district should not be changed when it can be avoided. 

Contracts made or suits brought by a district, and all writ- 
ings in which it is a party, require that the name of the dis- 
trict should be mentioned: e. g., school- district number four, 
toion of Lincoln, Polk coutity. When district officers are 
specifically empowered by law to act, their names may be men- 
tioned. 

Lost records, how restored — Section 417a. 1. Whenever 
the record of the formation or establishment of boundaries of 
any school district in this state shall be lost or destroyed, the 
town board of the town, trustees of the village, or common 
council of the city in which such district lies, shall have power 
to make a new record of the boundaries of such school district, 
by written order made and entered in the records of such town, 
village or city. Whenever the town board, trustees of the vil- 
lage, or common council of the city, shall contemplate making 
such new record, they shall give at least five days' notice in 
writing to the clerk of the district to be affected thereby, stat- 
ing in such notice the time and the place, when and where they 
will be present to decide upon and make such new record, and 
such clerk shall immediately notify the other members of the 
board. In all cases where such new record shall be made the 
order constituting the same shall within three days be entered 
in the record of the proper town, village or city, and the clerk 
thereof shall within the same time file a copy of such order 
with the clerk of the school-district affected thereby. Any 
number of districts as to which the records are so lost or de- 
sti:oyed may be included in one order or notice. In case of the 
loss or destruction of the records pertaining to a joint school 
district, the clerk of the town, city or village shall procure and 
record a certified copy of the records of other towns, cities and 
villages relating to such joint district, or the common council 
of the city, trustees of the village, or town boards of the town 
in which such joint school district lies, may meet and act to- 
gether in the making of any new record of the boundaries of 
such joint school- district. An order made pursuant to this 
section or the record thereof shall be presumptive evidence of 
the regularity of the proceedings prior, to the making thereof, 
of the legality of the formation of the district affected, of the 
boundaries thereof, and of the loss or destruction of the record 
of the formation .or establishment of the boundaries of such 
school district. Parties conceiving themselves aggrieved by 



Alteration of Districts. 7 

any decision made under the provisions of this act may appeal 
therefrom in the manner provided by section 497 of the revised 
statutes. 

Construction — 2. This act shall be so construed as to ap- 
ply to cases of losses or destruction of records which have here- 
tofore occurred or may hereafter occur. 



ALTERATION OP DISTRICTS. 

Notice, liOW given — Section 418. Whenever the town 
board shall contemplate an alteration of the boundaries of a 
school-district, they shall give at least five days' notice in writ- 
ing, to the clerk of the district or districts to be affected 
thereby, stating in such notice the time and place, when and 
where they will be present to decide upon such proposed alter- 
ation ; and such clerk or clerks shall immediately notify the 
other members of the board; and no territory shall be detached 
from any district, unless it be by the same order attached to 
another; and any district may be dissolved by attaching all its 
territory to other districts. See Form No. 8. 

G-reat care should be exercised in giving the preliminary no- 
tices, as town boards have no authority to alter the boundaries 
of school districts unless the required notices are given. There 
is no presumption that notices have been given, and a recital 
in the order of the board to the effect that they have been given 
is not 2yrima facie evidence of the fact. Moreover, the district 
officers cannot waive notice. — 60 Wis., 395; 29 Wis,, 419. 

The returns of the persons serving the notices required by 
this section should bear the admission of service of the district 
clerks endorsed thereon, and these should be attached to the 
order changing the boundaries of districts, and should be filed 
with it in the office of the town clerk, so that evidence that the 
proper notices were given may be accessible at all times. 

It will be noticed that the language of the statute is — 
"Whenever the town board shall contemjylate^" etc. This implies 
that town boards may act in the formation and alteration of the 
boundaries of school districts on their own motion, and without 
waiting for a petition. Town boards are, indeed, the guardians 
of school interests and ought to assume responsibility in these 
matters, whenever, in their own judgments, the best interests 



8 Alteration of Districts. 

of the schools demand it. When these boards act on petition, 
their action is not limited by the demands of the petitioners. 

Order to he filed — Consent of board — Section 419. In 
all cases where an alteration of the boundaries of a school dis- 
trict shall be made, the town board shall, within three days 
thereafter, give notice thereof by filing a copy of the order so 
altering the same, with the town clerk and with the clerks of 
the districts affected by such alteration; and no alteration of 
any school-district made without the consent of a majority of the 
district boards, indorsed on such order shall take effect until 
three months after notice given as above specified, unless such 
alteration is made in compliance with the order of the state su- 
perintendent given in the decision of an appeal ; nor shall any 
alteration of an organized district be made to take effect be- 
tween the first day of December in any year, and the first day 
of April following. See Form No. 9. 

Failure to file the order with the town clerk does not avoid 
the division; 11 Wis., 29; it should, however, be filed promptly, 
as the information is necessary for the guidance of the town 
clerk and of the districts clerks. It will be noticed that the 
order may be made to take effect immediately when the consent 
of a majority of the boards of the districts affected by it is en- 
dorsed thereon. Each district board acts as a unit, so that the 
consent of two boards .where thi-ee districts are interested is 
sufficient to authorize the supervisors to give immediate effect 
to their order. 

No action can be taken by the voters of a new district until 
the order formino- the district takes effect; it follows that the 
notice for a first meeting should not antedate the time at which 
the order creating the district becomes effective. 

Alteration of joint districts by boards of two towns — 

Section 419a. 1. Whenever an application, in writing for an 
alteration in the boundaries of any joint school-district, signed 
by not less than one-third of the lawful voters residing in the 
district, or two-thirds of the lawful voters residing in any one of 
the districts to be affected by the proposed alteration, shall be 
presented to the chairman of supervisors of the town in which 
the schoolhouse of such joint district may be situated, such 
chairman shall thereupon fix a time for the joint meeting of the 
town boards of the towns in which such joint school-district 
may be situated, which time shall not be less than ten nor more 



Alteration of Districts. 9 

thau twenty days after the day of the presentation to him of 
such application. He shall also cause a notice of the time and 
place of such meeting to be given to each supervisor entitled to 
be present thereat, which notice shall be served at least five 
days prior to the date fixed for such meeting. Such meeting- 
shall be held at the schoolhouse in such joint district unless 
some other convenient place shall be designated in the notice 
therefor. 

Alteration, when not made — 2. If the chairman of su- 
pervisors to whom such application shall be presented shall neg- 
lect or refuse to fix the time, or to give notice for the meeting 
of the town boards as provided in the first section of this act, 
or if the said supervisors or a majority thereof, of any town in 
which a part of said joint district may be situated, shall neglect 
or refuse to be present at such meeting; or, being present, shall 
neglect or refuse to hear and decide upon such application, the 
application shall be deemed denied, and an appeal may be had 
therefrom in the same manner and with the like effects as in 
other cases of denial. 

Application of other sections — 3. The provisions of sec- 
tions 418, 419, 422 and 497 of this chapter, shall, so far 
as may be applicable, apply to proceedings under this act. / 

This section provides a remedy, in the way of appeal to the 
state superintendent, where the officer whose duty it is to give 
notice of the time and place of meeting of supervisors for hear- 
ing and determining upon proposed alterations of joint school- 
districts, neglects or refuses to give such notice, and where su- 
pervisors neglect or refuse to attend such meeting when called. 
The act also specifies the preliminary steps to be taken by per- 
sons intending to make use of this remedy, by appeal, for neg- 
lect or refusal. Where there is no neglect or refusal to act 
there is no necessity for the petition of one-third of the legal 
voters in the joint district, or two-thirds of the lawful voters 
residing in any one of the districts to be aifected by the pro- 
posed alteration, nor does this act prevent procedure under sec- 
tions 418, 419, 420 and 422 of this chapter. 

The manner of making appeals and the rules regulating them 
are given in the comments following section 497. 

Division of property — Section 420. When a new district 
is formed, in whole or in part, from one or more districts pos- 
sessed of a schoolhouse or entitled to other property, the town 

h VA3 U. "83^. 



10 Alteration of Districts. 

board, at the time of forming such new district, shall ascertain 
and determine the proportion of the value of the schoolhouse 
and other pi'operty, justly due to such new" district, according 
to the taxable property of the respective parts of such former 
district, at the time of the division, by the best evidence within 
their reach, and such amount of any debt due from the former 
district which would have been a charge upon the new, had it 
remained in the former district, shall be deducted from such 
proportion. 

How amount due new district collected — Section 421. 

The town board shall certify to the district clerk of each dis- 
trict retaining a schoolhouse or other property, the amount as- 
certained by them as the proporation to be paid to the new dis- 
trict, and such amount shall be embodied in the next statement 
of taxes to be made by the district clerk to the town clerk, as 
required by section four hundred and seventy-two, and shall be 
collected and paid to the treasurer of the new district, to be 
applied toward providing a schoolhouse therefor; and the 
money so received shall be allowed to the credit of the taxable 
property, taken from the district paying the same, in reduction 
of any tax that may be imposed on said taxable property in the 
new district for the building of the schoolhouse; but in case 
the new district shall have raised a tax and provided a school- 
house before such money shall have been received, the treasurer 
of the new district, who shall receive or have the amount so 
paid him or his predecessor, shall pay on demand each tax- 
payer the amount actually paid by him in schoolhouse taxes, in 
excess of the amount he would have paid, if the money had 
been received and credit given before such taxes were collected 
and the treasurer shall be liable therefor on his official bond. 
See Form No. 10. 

When territory is merely transferred from one district to an- 
other, no claim will lie against the district yielding territorj^ 
on account of property. 

By "property" is meant lands, tenements, hei'editaments, 
money, goods, chattels, things in action, and evidences of debt. 
The division of the share of the income of the school fund that 
may be due the district, is provided for, in a certain case, in 
section 558. 

The appraisal and award should be made at the time of the 
formation o'f the new district but will be legal if necessarily 
delayed. 

If the duty is wholly neglected by the supervisors, or, the 



Alteration of Districts. 11 

award being roade by them, if tlie clerk of tho old district 
neglects his duty, the remedy in either case is by mandamus. 
No vote of the old district is required to raise the amount to 
which the new district becomes entitled under the action con- 
templated by section 421. This tax cannot be collected as a 
special district tax; it must be returned to the town clerk by 
the district clerk, as certified to him by the town board. 

The duty of making an equitable division of the property 
of the district retaining the schoolhouse, here imposed upon the 
town board, is mandatory, and no argument or condition re- 
cited in the order for division of territory will relieve the 
board of this duty. An agreement to consent to the division 
of a district in consideration of the surrender of property rio-hts 
by the new district is void. 63 Wis., 337; 81 Wis., 428; 87 
Wis., 533. 

Where a new district is formed out of an old one, the former 
is entitled to. a pro rata share of the state appropriation for 
the current year. 14 Wis., 440. 

In case the new district raises a tax for the purpose of build- 
ing a schoolhouse before any money is received from any or all 
of the old districts out of whose territory the new district is 
formed, the treasurer of the new district, upon receiving the 
amount due from any of the old districts, shall pay the same to 
the tax-payers residing in the territory that formerly belonged 
to the district paying the money. The amount received shall 
be apportioned among the proper persons on the same basis that 
served for the collection of the tax. 

Districts partly in cities and villages — Section 422. 

Whenever any school district shall lie partly in a city, or vil- 

lage incorporated by special act, and partly in an adjoining ^\ jT^j.f 
town or towns, the common council of such city or trustees of o6 v\j 
such village and the town boards of such towns may alter or ex- \i | (Y 
tinguish the same in the manner in which any other joint school — ~i____z__ 
district may be altered or extinguished; but no new joint dis- 
trict shall be formed, which shall embrace any part of a city. 

Neglect to keep a school, effect of— Section 423. — When- 
ever any school-district for two or more successive years neg- 
lects to maintain a public school as required by law, the town 



12 Alteration of Districts. 

board of the town embracing the district shall attach the same 
to such other adjoining district or districts in the town as they 
shall judge proper; and if the district be a joint district, then 
the town boards of the several towns shall attach the respective 
parts thereof to other districts in their respective towns. This 
section shall not apply to any district which may provide for 
the instruction of its pupils in an adjoining or other district or 
districts, as provided in subdivision 15, section 430, of this 
chapter. 

Section 418 allows the town board to extinguish a district by 
attaching its territory to other districts. This section requires 
them to do so whenever a district fails to maintain a school for 
two successive years. Failure to elect district officers does not 
of itself extinguish a district, as the organization may be re- 
stored in the manner prescribed by section 414. 

Property of former district — Section 424. In every case 
where a district shall become dissolved by reason of the attach- 
ment of all its territory to some other district or districts, the 
town boards of the several towns embracing such district shall 
take charge of the property belonging to the same at the time 
of its dissolution, dispose of the same by grant or otherwise, 
and apply the proceeds to the discharge of its debts, paying 
over the remainder, if any, to the treasurers of the districts to 
which the territory has been attached, in proportion to the 
valuation of the property attached to each, as appears from the 
last tax rolls of the respective towns. 

The supervisors of all the towns interested in the dissolution 
of a district must unite in the sale of its property, and in the 
execution of deeds of its real estate. They should require cash 
payments, and all conditions of sale should be mentioned in the 
posted notices. Unexpended and unappropriated money in the 
hands of the district treasurer, is "property," and is to be di- 
vided by the town board or boards. 

Particular attention should be given by town boards of super- 
visors and trustees of villages to the matter of recording the 
proceedings which affect the formation and alteration of school 
districts. 



Annual Meeting. 13 



ANNUAL MEETING. 

Annual meeting, when held. Board to examine ac- 
counts — Section 425. The annual meeting in all school dis- 
tricts in this state shall be held on the first Monday of July in 
each year. The hour of such meeting shall be seven o'clock in 
the afternoon, unless otherwise provided by a vote of the dis- 
trict, duly recorded, at ,the last previous annual meeting. If 
the first Monday in July is a legal holiday, then such annual meet- 
ing shall be held on the day next succeeding the first Monda)'^ in 
July. It shall be the duty of the district board of each school 
district in this state to meet on the Saturday immediately pre- 
ceding the first Monday of July in each year, and carefully ex- 
amine the accounts of the treasurer, and make up a full and 
itemized report of all receipts and expenditures since the last 
annual meeting; the amount in the hands of the treasurer, or 
the amount of the deficit for which the district is liable, and 
the estimated sum which will be required to be raised by taxes 
for the support of 'the school for the ensuing year; and the 
amount required to pay the interest or principal of any loan due 
or to become due during such year; which report shall be sub- 
mitted in writing at the annual meeting and recorded at 
length with the action of the meeting thereon, by the clerk, 
with the records of the proceedings of the annual meeting. 

- All annual school district meetings are held on the same 
•day. When the first Monday in July is the fourth, and when 
the fourth of July occurs on Sunday, the annual meeting must 
be held on the Tuesday following. 

The hour for holding an annual district meeting is 7 o'clock 
in the afternoon, unless a different hour was fixed by vote at 
the previous annual meeting. District officers have no power 
to call an annual meeting at any other hour than that which 
the law designates. 34 Iowa, 306. 

Notice, how given — Section 426. The clerk shall give at 
least six days' previous notice of every annual district meeting, 
by posting notices therefor in four or more jDublic places in 
the district, one of which shall be affixed to the outer door of 
the schoolhouse, if there be one in the district; and he shall 
give like notices for every adjourned district meeting, when 
such meeting shall have been adjourned for more than one 
month, but no annual meeting shall be deemed illegal for want 
of due notice, unless it shall appear that the omission to give 
such notice was willful and fraudulent. See Forms Nos. 11 and 12. 



14 Annual Meeting. 

While it is the duty of the district clerk to notice an annual 
school district meeting according to the provisions of this sec- 
tion, and while he may be punished by fine for neglect or refusal 
to comply with the statute, the notice is not essential to the 
validity of the meeting. The statute and not the notice is the 
foundation of the meeting. 6 Hill, N. Y., 647. 

By section 4305, district clerks are required to embody in the 
notice for an aniiual meeting, the fact that the question of a 
change of text-books will be submitted to the meeting. See 
comments on section 440. 

Special meeting — Section 427. Special district meetings 
shall be called by the clerk, or, in his absence, by the director 
or ti^easurer, on the written request of five legal voters of the 
district, in the manner prescribed for calling an annual meeting; 
and the electors when lawfully assembled at a special meeting, 
shall have power to transact the same business as at the first 
and each annual meeting, except the election of officers, voting 
a tax to compensate the clerk, and authorizing a change in text- 
books. The business to be transacted at any special meeting 
shall be particularly specified in the notices calling the same, 
and said notices shall be posted six full days prior to the meet- 
ing. No tax or loan or debt shall be voted at a special meet- 
ing, unless three-fourths of the legal voters shall have been no- 
tified either personally or by a written notice left at their places 
of residence, stating the time, place, and objects of the meeting, 
and specifying the amount proposed to be voted, at least six 
days before the time appointed therefor, exclusive of the day on 
which the meeting is to be held. 

It is the duty of the clerk to call special meetings whenever 
requested to do so by the required number of legal voters. The 
fact that the district clerk does not approve of the objects 
sought by those who request him to call a special meeting, is 
r|,o cause for refusing to comply with the request. 

"When public corporations or officers are authorized to per- 
form an act for others, which benefits them, then the corpora- 
tions or officers are bound to perform the act. The power is 
given them not for their own, but for the benefit of those in 
whose behalf they are called upon to act, and such is presumed 
to be the legislative intent. In such cases they have a claim 
de jure to the exercise of the power. " 9 Wis. , ^85. 



Annual Meeting, 15 

Any business that can be done at an annual meeting can be 
done at a special meeting, properly called, except the election 
of officers, voting a tax to compensate the clerk, and authoriz- 
ing a change in text-books. The notice for a special meetiiig 
may be given by the director or treasurer in case of a vacancy 
in the office of clerk, or if that officer is absent or incapable of 
acting. 

A special meeting may rescind any action taken at the an- 
nual meeting, if proper not.ce has been given; but if rights 
have been acquired, by third parties, under previous action, 
those rights cannot be set aside by the vote of the district. 
This includes the rights of persons elected to a district office. 

"Six full days" requires the notice to be given as early as on 
the seventh day before the time designated. 

The personal notice required by this section to be given to 
three-fourths of the electors of the district in all cases where it 
is the purpose of the special meeting to vote a tax, loan or 
debt, should include women, on whom the right of suffrage in 
elections "pertaining to school matters," is conferred by section 
428a. 

Care should be taken in naming the amount to be raised at a 
special meeting to specify a sum equal to or greater than that 
needed. It is competent for a special meeting to raise a less, 
but not competent for it to raise a greater sum than that men- 
tioned in the notice. 

All laws relating to levying taxes are construed strictly, and 
the requirement that notices for special meetings whose pur- 
pose is to raise money shall specify the amount to be raised 
is mandatory. 

Who may vote — Section 428. Every person shall be en- 
titled to vote in any school district meeting, who is qualified to 
vote at a general election for state and county officers, and 
who is a resident of such school district. 

The qualifications of voters at a general election are declared 

by section 12, of the revised statutes, to be as follows: 

Section 12. Every male person of the age of twenty-one years, 
or upward, belonging to either of the following classes, who 



16 Annual Meeting. 

shall have resided in the state for one year next preceding any 
election, shall be deemed a qualified elector at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their in- 
tention to become citizens, conformably to the laws of the 
United States on the subject of naturalization. 

3. Persons of Indian blood who have once been declared by 
law of congress to be citizens of the United States, any subse- 
quent law of congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any 
tribe. 

Every person convicted of bribery shall be excluded from the 
right of suffrage, unless restored to civil rights; and no person 
who shall have made or become directly or indirectly interested 
in any bet or wager, depending upon the result of any election, 
at which he shall offer to vote, shall be permitted to vote at such 
election. 

Women may YOte — Section 428^. Every woman who is a 
citizen of this state, of the age of twenty-one years or upwards, 
(except paupers, persons under guardianship, and persons other- 
wise excluded by section 2, of article 3, of the constitution of 
Wisconsin), who has resided within the state one year, and in 
the election district where she offers to vote, ten days next pre- 
ceding any election pertaining to school matters, shall have a 
right to vote at such election. 

This section does not confer upon women the unlimited right 
of suffrage, but it does confer upon them the right to vote upon 
any and all questions that can be legally considered at any reg- 
ularly called annual or special school district meeting. The 
words "any election pertaining to school matters" renders the 
limitation to the privilege conferred by the section manifest. 
71 Wis., 239, 251; 75 Wis., 543. 

The rules for determining the residence of electors are laid 
down in section 37 of the revised statutes, and are printed here 
for convenience. 

Section 37. In determining the question of residence as a 
qualification to vote, the following rules, so far as applicable, 
sliall govern, and if a person offering to vote be challenged as 
unqualified on the ground of residence, the inspector shall ad- 
monish him of such rules and put to him such further questions 
as shall be proper to elicit the facts in respect thereto, namely: 

Fir'st. As prescribed in the constitution, no person shall be 
•deemed to have lost his residence in this state by reason of his 



Annual Meeting. 17 

absence on business of the United States, or of this state; and 
no soldier, seaman or marine, in the army or navy of the United 
States, shall be deemed a resident of this state in consequence 
of being stationed within the same. 

Second. That place shall be considered and held to be the 
residence of a person, in which his habitation is fixed without 
any present intention of removing therefrom and to which, 
whenever he is absent, he has the intention of returning. 

Third. A person shall not be considered or held to have lost 
his residence, who shall leave his home and go into another 
state, or county, town, or ward of this state, for temporary 
purposes merely, with an intention of returning. 

Fourth. A person shall not be considered to have gained a 
residence in any town, ward or village, of this state into which 
he shall have come for temporary purposes merely. 

Fifth. If a person remove to another state with an inten- 
tion of making it his permanent residence, he shall be considered 
and held to have lost his residence in this state. 

Sixth. If a person remove to another state with the inten. 
tion of remaining there for an indefinite time, and as a place 
■of present residence, he shall be considered and held to have lost 
his residence in this state, notwithstanding he may entertain 
an intention to return at some future period. 

Seventh. The place where a married man's family resides shall 
generally be considered and held to be his residence, but if it 
is a place of temporary establishment for his family or for tran- 
■sient objects, it shall be otherwise. 

Eighth. If a married man has his family fixed in one jjlace, 
and he does his business in another, the former shall be consid- 
ered and held to be his place of residence. 

Ninth. The mere intention to acquire a new residence with- 
out the fact of removal, shall avail nothing; neither shall the 
fact of removal without intention. 

Tenth. If a person shall go into another state, and while 
there exercise the right of a citizen by voting, he shall be 
■considered and held to have lost his residence in this state. 

Eleventh. No person shall be deemed to have gained a resi- 
dence in any town, ward or village in this state, so as to en- 
title him to vote at any election therein, by remaining in such 
town, ward, or villasce as a pauper supported by the town or 
county in which he shall be living at the time of such election; 
and no person shall be deemed to have lost his residence in any 
town, ward or village, by remaining in any other town, ward, 
or village as such pauper. 



18 Challenging Votes. 



CHALLENGING VOTES. 

Proceedings on challenge — Section 429. If any person 
ofl'efing to vote at a school district meeting shall be challenged 
as unqualified by any legal voter in such district, the chairman 
presiding at such meeting shall declare to the person challenged 
the qualifications of a voter; and if such person shall declare 
that he is a voter, and if such challenge shall not be withdrawn, 
the chairman shall tender him the following oath or affirmation : 
" You do solemnly swear (or affirm, as the case may be) that you 
are an actual resident of this school-district, and that you are 
qualified according to law to vote at this meeting. " And every 
person taking such oath or affirmation shall be permitted to 
vote on all questions proposed at such meeting; and if the per- 
son shall refuse to take such oath or affirmation, his vote shall 
be rejected. 

Section 36 of the revised statutes prescribes certain questions 
which may be asked by inspectors of elections of persons whose 
votes are challenged. Four classes of these questions are given, 
as those which will most frequently aid in determining the 
qualifications of a voter, though the chairman of a district 
meeting cannot, like an inspector of elections, require the per- 
son challenged to answer the questions under oath. 

Section 36. If a person offering to vote is challenged as 
unqualified, one of the inspectors shall tender to him the follow- 
ing oath or affirmation : " You do solemnly swear (or affirm) that 
you will fully and truly answer all such questions as shall be 
put to you touching your place of residence and qualifications as 
an elector of this election ; " and shall thereupon put questions as 
follows: 

First. If the person shall be challenged as unqualified, on 
the ground that he is not a citizen and has not declared his in- 
tention to become a citizen : 

1. Are you a citizen of the United States? If no, then — 

2. Have you declared your intention to become a citizen of 
the United States, conformably to the laws of the United 
States? 

3. When and where did you declare your intention to be- 
come a citizen of the United States? 

Second. If the person be challenged as unqualified on the 
ground that he has not resided in this state for one year im- 
mediately preceding the election: 

1. How long have you resided in this state immediately pre- 
ceding this election? 



Challenging Votes. 19 

2. Have you been absent from this state within the year 
immediately preceding this election? If yes, then — 

3. When you left did you leave for a temporary purpose, 
with the design of returning, or for the purpose of remaining 
away? 

4. What state or territory did you regard as your home 
while absent? 

5. Did you, while absent, vote in in any other state or ter- 
ritory? _ _; 

Third. If the person be challenged as unqualified on the 
ground that he is not a resident of the county, town or ward 
where he offers his vote, the inspectors or one of them, shall 
put the following questions: 

1. When did you last come into this county, town or ward ? 

2. Did you come for a temporary purpose merely, or for the 
purpose of making it your home ? 

3. Did you come into this county for the purpose of voting 
in this county ? 

4. Are you now an actual resident of this county or ward, 
and what is the particular description, name, and location of 
your place of residence ? 

Fourth. If the person be challenged as unqualified on the 
ground that he is not twenty-one years of age, the inspectors, 
or one of them, shall put the following question : 

Are you twenty-one years of age, to the best of your know- 
ledge and belief ? 

The ordinary grounds upon which a person offering to vote 
at a district meeting may be disqualified, are: 

1. That he is not a citizen of the United States, and has not 
duly declared his intention to become one. 

2. That he has not resided in the state one year immediately 
previous. 

3. That he is not a resident of the district. 

4. That he is not twenty-one yeai-s of age. 

The chairman of a district meeting is not required by law to 
put any of the foregoing questions to a person whose vote is 
challenged, on any of these grounds ; but it will not be improper 
for him to do so, according to the circumstances of the case, for 
the information of the electors present. 

The chairman of a district meeting has no right, under the 
statute, to prohibit from voting any person who takes the oath 
required by the law; but proceedings of a district meeting may 



20 Foivers of Electois. 

be set aside by order of a court, or by decision of the state super- 
intendent on appeal, when the result has been determined by 
illegal votes. 



POWERS OF ELECTORS. 

Powers of electors- — Section 430. The inhabitants of any 
school-district qualified by law to vote at a school-district meet- 
ing, when assembled at the first and at each annual meeting in 
their district, or at any adjournment tliereof in their district, 
shall have power: 

To appoint officers ^ — ^1- To appoint a chairman for the 
time being, and, in the absence of the clerk, to appoint some 
person to act in his stead, and tlie person so appointed shall 
certify the proceedings of such meeting to the district clerk, 
who shall enter the same in the records of the district, and file 
and preserve the certificate of such temporary clerk. 

To adjourn — 2. To adjourn from time to time as occasion 
may require. 

To choose officers — 3. To choose a director, treasurer 
and clerk. The election of all officers shall be by ballot, and a 
majority of all the votes cast shall be necessary for a choice. 

Schoolliouse site — 4. To designate a site for a district 
schoolhouse. 

To vote tax, etc. — 5- To vote such tax as the meeting shall 
deem sufficient to purchase or lease a suitable site for a school 
house, to build, hire or purchase a schoolhouse, and to keep in 
repair and furnish the same with the necessary fuel and ap- 
pendages ; provided, that no district containing a population of 
less than two hundred and fifty inhabitants shall have power to 
levy and collect a tax for building, hiring or purchasing a 
school house of more than six hundred dollars in any one year, 
unless the town board of the town in which such school house is 
to be situated shall certify, in writing, that in their opinion a 
larger sum should be raised, specifying such sum; in which case 
an amount not exceeding the sum specified may be raised; p o- 
vided, further, that no district containing a population of less 
than one thousand inhabitants may have power to raise and col- 
lect in any one year, for the purposes above specified, more than 
one thousand dollars, unless the town board shall certify as 
above set forth. 

Tax for teacher's wages, etc. — 6. To vote such tax as 
the meeting shall deem proper for the payment of teachers' 



Poivers of Electors. 21 

wages in the district; provided, that for such purposes, in all 
school districts having an average attendance at school for the 
year, of fifteen scholars or less, not more than three hundred 
and fifty dollars shall be i aised in any one year; in all school 
districts having an average attendance of not more than thirty 
nor less than fifteen scholai's, not more than four hundred and 
fifty dollars shall be raised in any one year; and in all school 
districts having an average attendance of not more than forty 
nor less than thirty scholars, not more than five himdred and 
fifty dollars shall^be raised in any one year. 

Sale of district property — 7. To authorize and direct the 
sale of any schoolhouse, site, or other property belonging to the 
district, when the same shall be no longer needed for the use of 
the district. 

Tax to pay debt — S.'^iTo impose such a tax as may be 

necessary to discharge any debts or liabilities of the district 
lawfully incurred. 

To buy maps, etc. — 9. To vote a tax not exceeding 
seventy-five dollars in any one year for the purchase of maps^ 
blackboards and school apparatus. 

Tax for library — 10. To vote a tax not exceeding one hun- 
dred dollars in any one year, for a district library, consisting 
of such books as they may direct their district board, at a dis- 
trict meeting, to purchase; said books to be selected under the 
advice of the state superintendent; provided, that any school 
district having less than two hundred children of school age, 
shall not vote a tax exceeding fifty dollars in any one year, for 
such library; and that no district containing a population of 
less than two hundred and fifty inhabitants shall have power to 
levy and collect a tax of more than five hundred dollars in any 
one year for any purpose other than for the purposes prescribed 
in the fifth subdivision of this section and for the payment of 
the principal and interest of any loan due the state. 

To borrow money- — 11. To authorize the district board to 
borrow money as^provided elsewhere in these statutes. 

To admit pupils — 12. To authorize the district board to 
admit to the privileges of the school, persons over twenty years 
of age, and persons not residing in the district, whenever such 
admission will not interfere with the accommodation or in- 
struction of the scholars residing therein, and to fix a fee for 
tuition per term, ^quarter or year, to be charged to the persons 
thus admitted. 

To buy books, etc. — 13. To authorize the district board 
to purchase text- books for use in the public schools, to be 
loaned or furnished pupils under such conditions as, by such 



22 Powers of Electors. 

vote and regulations of the board thereunder, may be pre- 
scribed. 

Time of school, teacher_, etc.— 14. To determine the length 
of time, a school shall be taught in their district the then en- 
suing year, which shall not be less than six months; and 
whether such school shall be taught by a male or female teacher 
or'both, and whether the school money to which the district is 
entitled from the school fund income, and from the town, shall 
be applied to the support of the summer or winter school or a 
certain portion to each, but if such matters shall not be de- 
termined at the annual meeting, the district board shall de- 
termine the same. 

To provide for instruction in another district^ etc. — 

15. To authorize the district board to suspend the district school 
for such length of time as they may deem expedient and to the 
best advantage of the district and pupils residing therein, and 
to arrange with any adjoining or other district or districts for 
the instruction of persons of school age residing in the district 
during the time when the school may be suspended, and to pro- 
vide for the transportation of pupils residing more than one and 
a half miles by the nearest traveled road from the schoolhouse 
of the district with which such an arrangement may be made, 
and to include in the tax voted at the annual meeting the 
amount of the expense incurred in providing for the transpor- 
tation and tuition of children in an adjoining or other district 
or districts. 

Transportation of pupils — 16. To vote a tax for the pur- 
pose of providing for the free transportation of all children re- 
siding in the district who live more than one and a half miles, 
by the nearest traveled road, from the schoolhouse of such 'dis- 
trict. 

As to suits — ^7. To give such direction and make such 
provision as may be necessary, in relation to the prosecution or 
defense of any action or proceeding in which the district may be 
a party or may be interested. 

Pay of clerk — 18. At the annual meeting only, to vote 
a tax to compensate the clerk, which, in districts supporting 
graded and high schools, shall be such sum as may be voted, 
and in other districts not more than ten nor less than five 
dollars. 

To alter proceedings — 19. To alter or modify the pro- 
ceedings, as occasion may require. 

Taxes, limitation of — Section 430a. The total amount 
of school district tax, hereafter levied in any school district in 
this state, in any one year, for building, hiring, or purchasing 
any school building, and for the maintenance of schools, includ- 



Powers of Electors. 23 

ing teachers' wages and incidental expenses, shallr'not exceed 
five per cent, of the total assessed valuation of taxable property 
in such school district for the current year. 

Free text-lbooks, proposition for, to be voted on — Sec- 
tion 430/>. At the aniiual meeting of every school district in the 
state, the question of providing free text-books for the use of 
all pupils attending the public schools in the district and levy- 
ing a tax sufficient to meet the expense of furnishing free text- 
books for the use of such pupils, shall be submitted to the legal 
voters present at such meeting, and a vote taken thereon. The 
chairman of each meeting shall direct the vote to be taken be- 
fore entertaining a motion to adjourn the meeting sine die, and 
upon demand of any five legal voters present, the vote shall be 
taken by ballot if a written resolution upon the question is sub- 
mitted, and the ballot of those favoring the resolution submit- 
ted shall have thereon the word "yes," and the ballot of those 
opposed to the resolution submitted shall have thereon the word 
"no. " 

This statute was designed to supplement clause 13 of section 
430. 

Section 430 defines the powers of a district when assembled in 
the manner for which the law provides, and its several clauses 
are here repeated with such comments as seem to be necessary. 

The inhabitants of any school district qualified by law to vote 

at a school district meeting, when assembled at the first and at 

each annual meeting in their district, or at any adjournment 

thereof in their district, shall have power: 

1. To appoint a chairman for the time being, and in the ab- 
sence of the clerk, to appoint some person to act in his stead, 
and the person appointed shall certify the proceedings of such 
meeting to the district clerk, who shall enter the same in the 
records of the district, and file and preserve the certificate of 
such temporary clerk. 

When the inhabitants of a district are assembled at any regu- 
larly called meeting, it is competent for ?ny elector to call the 
meeting to order, to nominate, or to ask some one to nominate 
a chairman, and to put the question and declare the result. If 
the director of the district be present, it is proper for him to 
do this. If the district clerk be not present the chairman will 
announce the fact, and ask that a clerk be appointed joro tempore. 
The meeting will be governed by the common rules of deiibera- 



24 Poivers of Electors. 

tive afisemblies. The chairman should be an elector, and so en- 
titled to vote on all questiions. 

2. To adjourn from time to time as occasion may require. 

The statute — section 426 — provides that when an annual 
meeting is adjourned for more than one month, notice shall be 
given of the time and place of holding such meeting in the same 
manner that notice of the original meeting was given. 

3. To choose a director, treasurer and clerk. 

Before the meeting proceeds to elect officers, the minutes of 
the last annual meeting should Reread, and those of such special 
meetings as have been held during the year. The reports of 
district officers chould also be presented, and referred to a com- 
mittee for examination, with instructions to report at some 
later stage of proceedings. The reports should be in writing, 
and should be carefully examined by the committee, or by the 
meeting, if convenient. All school officers should be held to a 
strict accountability for the faithful performance of their duties, 
and the financial statements submitted should be accompanied 
with vouchers for all moneys expended. Reports of officers 
should be spread upon the records, as papers that are merely 
filed are often lost. 

If a vacancy exists at an annual meeting from any other cause 
than the expiration of the incumbent's term, it is advisable that- 
a resolution be passed declaring that such vacancy exists, and 
stating the ground on which the meeting regards the office 
•vacant. It is for the meeting to judge in the first instance 
whether a vacancy exists, and although it may err in so de- 
claring, the officer elected will be deemed an officer de facto, and 
his acts in relation to the public and third persons deemed 
valid, until his election is pronounced void by competent au- 
thority. 

If a mistake is made in stating the length of an unexpired 
term, the person elected will nevertheless serve to the end of 



Potvers of Electors. 25' 

the term, and no longer, as this matter is regulated bylaw, and 
not by the vote of the district. 

The election of all school district officers must be by ballot, 
and a majority of all the votes cast is essential to a choice. 

District officers may be elected at an adjourned annual meet- 
ing, if such meeting be held within ten days after the time 
fixed by law for holding the annual meeting. A school district 
officer elected at an annual meeting cannot be displaced at an 
adjourned annual meeting. 

■ 4. To designate a site for a district schoolhouse. 

The vote of a district at an annual meeting, or at a special 
meeting called for that purpose, is necessary to establish a site. 
The district cannot delegate this power to the board or to a 
committee appointed for that purpose; although either may be 
authorized to examine the situation, price and title of a pro- 
posed site. 

Every schoolhouse site should contain at least one acre of 
land; should be described by the government survey; should be 
easily accessible to all parts of the district. A dry, sheltered 
spot, so high that surface water will flow frotn, and not toward 
it should be chosen. A schoolhouse should never be placed on 
low or marshy ground, near a stagnant pool, or in the midst of 
distracting or unhealthful surroundings. 

5. To vote such tax as the meeting shall deem sufficient, to 
purchase or lease a suitable site for a schoolhouse, to build, hire 
or purchase a schoolhouse, and to keep in repair and furnish 
the same with the necessary fuel and appendages, provided, that 
no district containing a population of less than two hundred 
and fifty inhabitants shall have the power to levy and collect a 
tax for building hiring or purchasing a schoolhouse of more 
than six hundred dollars in any one year, unless the town 
board of the town in which such schoolhouse is to be situated 
shall certify, in writing, that in their opinion a larger sum 
should be raised, specifying such sum; in which case an amount 
not exceeding the sum specified may be raised; provided, further, 
that no district containing a population of less than one thous- 
and inhabitants, shall have power to raise and collect in any 
one year, for the purposes above specified, more than one 



26 Powers of Electors. 

thousand dollars, unless the town board shall certify as above 
set forth. 

It is quite proper, but not necessary, to designate a site be- 
fore voting a tax to build the schoolhouse; neither is it neces-, 
sary that the site should be designated before levying a tax to 
pay for the same. If the tax deemed sufficient is afterwards 
found to be too small, an additional tax may be voted; and, if 
too much is raised, the electors may appropriate the same to 
any object for which they can legally raise a tax. The expense 
of investigating the title and of recording the deed may legally 
be included in the tax for a site. Although the law authorizes 
the leasing of a site, it does not permit the district to contract 
a permanent debt for future rent. Land for a site is sometimes 
held under a lease granting it for a consideration, paid in ad- 
vance, for so long a time as the same may be used for the pur- 
pose of a public school. It is always advisable that the district 
should own the site. 

Sections 477-484 prescribe the course to be pursued when, 
for any reason, the district is unable to obtain the site that has 
been chosen according to law. 

Where a schoolhouse is erected upon leased ground, the dis- 
trict may remove the same at any time previous to the expira- 
tion of the lease. (7 Barfc ; N. Y. R, 266.) I ^ f^ojJr- i>'60^ $7 /?c.a^^M 

A clear title to a school house site ought always to be secured, 
and where land chosen for this purpose is a part of a mortgaged 
tract, a i^elease should be obtained, if possible, before erecting 
a schoolhouse thereon. 

Although a tax may be levied before a title has been acquired, 
yet the district board should not part with the mone}'^ before a 
conveyance of the site has been made. 

The question sometimes arises- as to the legality of connecting 
the schoolhouse with other buildings made for different pur- 
poses, and under other conti'ol than that of the district board. 
This department has held that a tax cannot be voted for build- 
ing a house for joint use as an academy and schoolhouse, or a 
church and a schoolhouse, and that any partnership which 



Poivers of Electors. 37 

does not secure to the district board the complete control of the 
house for school purposes is illegal. 

A district meeting may vote a tax for a fence, sidewalks, 
separate privies for the two sexes, wood-house, stoves, stove- 
pipe, and bell, as these are held to be necessary appendages. 

Money may also be raised to pay for the" insurance of the 
schoolhouse. The schoolhouse can now be insured in those 
companies that require a note for part of the premium. All 
taxes voted must be for specific and legal objects, and the spe- 
cific amount raised for each of the several objects for which the 
tax is levied, should be stated in the resolution passed by the 
meeting, in order that the district and the board may know the 
precise extent of their liability and authority. 

A district has power to vote a tax to enlarge a schoolhouse, 
notwithstanding it may have cost all that said district is by 
law anthorized to raise in any one year, and the tax for such 
enlargement does not require the consent of the town, supervis- 
ors thereto. The amount received from the sale of the old 
schoolhouse may be added to the amount authorized by law to 
be raised for building in any one year, and expended for the 
new building. 

6, To vote such tax as the meeting shall deem proper for the 
payment of teachers' wages in the district; provided, that for 
such purposes in all school districts having an average attend- 
ance at school, for the year, of fifteen scholars or less, not more 
than three hundred and fifty dollars shall be raised in any one 
year; in all school districts having an average attendance of 
not more than thirty nor less than fifteen scholars, not more 
than four hundred and fifty dollars shall be raised in any one 
year; and in all school districts having an average attendance 
of not more than forty nor less than thirty scholars, not more 
than five hundred and fifty dollars shall be raised in any one 
year. 

The constitution provides that the income of the school fund 
shall be applied to the support and maintenance of common 
schools, in each school district, and the purchase of suitable 
libraries and apparatus therefor; while section 558 provides that 
the money received by each distr'ct from the income of the 



28 Poioers of Electors. 

school fund shall be devoted exclusively to the payment of 
teachers' wages. Whether these apparently conifiicting provi- 
sions can be reconciled or not, it is certain that the legislature 
here requires that districts shall pay each year, for teachers' 
wages, an amount equal to that received from the income of the 
school fund. The limitations of this section "apply to the 
amount that may be raised for this purpose by taxation, exclu- 
sive of the amount received from the school fund income. 

7. To authorize and direct the sale of any school house site- 
or other property belonging to the district, when the same shall 
be no longer needed for the use of the district. 

The district should determine the conditions of the sale for 
which this section provides, if it desires to control the contract 
which its board is alone competent to make. 

8. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

By sections 435 and 436, district boards are empowered and 
required to do many things that may impose a debt upon the 
district. 

9. To vote a tax not exceeding seventy-five dollars in any 
one year, for the purchase of maps, blackboards and school ap- 
paratus. 

Outline maps, reading charts, globes and blackboards add 
greatly to the efficiency of schools. Boards should be guided in 
the purchase of school appliances by the judgment of competent 
teachers, and that of disinterested persons who have some ac- 
quaintance with the teacher's needs. 

10. To vote a tax, not exceeding one hundred dollars in any 
one year, for a district library, consisting of such books as they^ 
may direct their district board at a district meeting to pur- 
chase; said books to be selected under the advice of the state super- 
intendent; provided, that any school district having less than 
two hundred children of school age, shall not vote a tax exceed- 
ing fifty dollars in any one year, for such library ; and that no 
district containing a population of less than two hundred and fifty 
inhabitants shall have power to levy and collect a tax of more 



Powers of Electors. 29 

than five hundred dollars in any one year for any purpose other 
than for the pui^poses prescribed in the fifth subdivision of tliis 
section, and for the payment of the principal and interest of any 
loan due the state. 

Comments on the legislation relating to township and dis- 
trict libraries will be found under sections 485-486a. 

11. To authorize the district board to borrow money as pi'o- 
vided elsewhere in these statutes. 

Sections 47-t and 475 prescribe the manner in which, and 
define the purposes for which a school- district may borrow 
money. 

12. To authorize the district board to admit to the privileges 
of the school, persons over twenty years of age, and persons 
not residing in the district, whenever such admission will not 
interfere with the accommodation or instruction of the scholars 
residing therein, and to fix- a fee for tuition per term, quarter, 
or year, to be charged to the persons thus admitted. 

By this clause the district is empowered to determine whether 
the persons named shall be admitted to the privileges of the 
school. Where the district fails to instruct the board in this 
matter, the board shall determine the fact and the rule under 
the general powers conferred upon district officers by the 
statutes. 

It is sometimes difficult for district boards to determine the 
liability of inhabitants for the tuition of persons in their em- 
ployment or under their protection. Tlie general rule is that 
a minor's residence is with his parents or parent while they or 
either of them is alive and maintains a home. An orphan 
without a guardian takes his residence with him. While it is 
not right to allow non-residents and persons over twenty to 
overcrowd and so impair the efficiency of the school, it is well to 
remember that the constant purpose of the state in the estab- 
lishment and maintenance of public schools is to disseminate as 
widely as possible the advantages of a common school education. 

That provision of the state constitution which requires that 
"such schools shall be free and without charge for tuition to all 



30 Powers of Electors. 

children between the ages of four and twenty years," implies 
that every child of school age is entitled to free tuition some- 
where. This manifest purpose of the state to extend the ad- 
vantages of a common school education to all children within 
her borders, should lead school-districts to exercise the author- 
ity to charge or to remit tuition with which the law vests them 
in a spirit of liberality toward those children that are com- 
pelled by parental neglect to seek the equipment that the schools 
furnish beyond the limits of the home district. 

The supreme court of the state — 74 Wis., page 48 — laid 
down the rule that a child is entitled to free tuition in a dis- 
trict in which he is residing for other, as a main purpose, than 
to participate in the advantages which the school affords. It 
will be seen that the decision guards carefully against that in- 
terpretation of the law which would require districts to furnish 
tuition to those pupils who are in the district for the purpose 
of availing themselves of its superior school advantages. See 
also 59 Conn., 489. 

The district board has no authority to admit non-resident 
children into the school contrary to the vote of the district, nor 
has it authority to exclude fchem after the district has voted to 
admit them. It is the duty of the board, in this matter, to 
carry into effect the instructions of the dis^trict. 

It will be seen that the board has power under section 439 to 
admit persons between twenty and thirty years of age to the 
schools in certain cases. This power is commented upon in the 
proper place. 

The teacher has no authority in the matter of admitting or 
excluding non-residents, but will be governed by the instruc- 
tions of the board. 

13. To authorize the district board to purchase text-books 
for use in public schools, to be loaned or furnished pupils under 
such conditions as, by such vote and regulations of the board 
thereunder may prescribe. 

Section 440 requires school district boards to determine what 
books shall be used in their respective districts, and section 4306 



Poivers of Electors. 31 

provides that the question of furnishing free text-books shall be 
submitted to every annual school-district meeting. It will be 
seen that while the board has power to adopt, it has no power 
to purchase text-books, unless authorized to do so by the dis- 
trict at its annual meeting. Books that have been adopted 
must be retained for three years; but boards cannot bind their 
districts to purchase these books at a fixed rate, or of a given 
house for more than one year. 16 Wis., 336. 

14. To determine the length of time a school shall be taught 
in their district the then ensuing year, which shall not be less 
than six months, and whether such school shall be taught by a 
male or female teacher, or both, and whether the school moneys 
to which the district is entitled, from the school fund income 
and from the town, shall be applied to the support of the sum- 
mer or winter school, or a certain portion to each; but if such 
matters shall not be determined at the annual meeting, the dis- 
trict board shall determine the same. 

The number of days during which a school must be taught, 
to meet the i^equirements of the law in regard to the apportion- 
ment of school money, is one hundred and twenty, and this 
number includes legal holidays, viz. : New Year's day, the 
twenty-second of February, the thirtieth day of May (Memorial 
day), the Fourth of July, the day of general (or fall) election, 
and Christmas, together with days of fasting or thanksgiving 
appointed by state or national authority. 

In order that holidays may be legally counted as part of the 
term, they must occur during the time school is in session, and 
not during any vacation period. 

If the matters mentioned in this clause are not determined at 
the annual meeting, the district board must determine them; 
but it is competent for the district at a special meeting to de- 
cide as to the length of the term of school, and the sex of the 
teacher. 

It should be borne in miod that a district, at a special meeting, 
cannot rescind a resolution passed at an annual meeting or set 
aside the action of a district board when rights have been ac- 
quired by virtue of such resolution or such action. 



32 Powers of Electors. 

15. To authorize the district board to suspend the district-school 
for such length of time as they may deem expedient and to the 
best advantage of the district and pupils residing therein, and 
to arrange with any adjoining or other district or districts for 
the instruction of persons of school age residing in the district 
during the time when the school may be suspended, and to pro- 
vide for the transportation of pupils residing more than one 
and a half miles by the nearest traveled road from the school- 
house of the district with which such an arrangement may be 

___,-«i:ade,.^nd to include in the tax voted at the annual meeting 
the amohnt of the expense incurred in providing for the trans- 
portation and tuition of children in an adjoining or other dis- 
trict, or districts. 

16. To vote a tax for the purpose of providing for the free 
cransportation of all children residing in the district who live 
more than one and a half miles, by the nearest traveled road, 
from the schoolhouse of such district. 

Powers of electors — 17. To give such direction and make 
such provision as may be necessary in relation to the prosecu- 
tion or defense of any action or proceeding in which the district 
may be a party or may be interested. 

The district may appoint any suitable person to represent it 
in a suit; but in the absence of such appointment, the director 
is constituted the representative of the district in all suits. See 
section 442 and the comment thereon. 

18. At the annual meeting only, to vote a tax to compensate 
the clerk, which, in districts supporting graded and high shcoals, 
shall be such sum as may be voted, and in other districts not 
more than ten nor less than five dollars. 

It Avill be noticed that the clerk is entitled to the compensa- 
tion specified in this section, only when it has been voted at 
the previous annual meeting of the district. Whenever an an- 
nual meeting refuses to grant compensation to the clerk, or fails 
to vote on the question, he, like the other district officers, must 
serve without pay. 

19. To alter, repeal and modify their proceedings as occa- 
sion may require. 

The power to repeal proceedings cannot be exercised after 
they have been carried into effect, so that rights have been ac- 
quired under them. When the district board has made a con- 



Powers of Electors. ;}3 

ti'act under authority of the district, the repeal of the resolution 
authorizing such contract will not abrogate the contract. 

A district can repeal a resolution to raise a tax, at any tirae 
before the warrant to collect the tax is handed to the collector; 
but this power cannot be exercised after part of the tax has 
been collected (Gale vs. Mead, 4 Hill; Sniith vs. Dillingham, 4 
Barbour). When it is thought advisable to repeal a resolution 
It should be done in express terms and not by implication. 

Officers elected at an annual meeting cannot be displaced by 
reconsidering or rescinding former proceedings at an adjourned 
meeting. When an election has been held in due form, the 
elective power of the district is exhausted, and the officers 
chosen at the annual meeting are the legal officers of the dis- 
trict, until by death, resignation, removal from the district, 
expiration of term, refusal to serve, or removal from office, a 
vacancy occurs proper to be filled by election or appointment. 
And when a person entitled to hold office has been elected, and 
has not refused to serve, there is no power to take it from him 
or to debar him from assuming its duties. 



34 District Officers and Board, 



DISTRICT OFFICERS AND BOARD. 



Their terms — Acceptance — Section 431. The officers of 
each school- district shall be a director, treasurer and clerk, who 
shall be residents of the district, and shall hold their respective 
offices for three years, and until their successors have been 
chosen or appointed, but not beyond ten days, beyond the expi- 
ration of their term of office, without being again elected or 
appointed; provided,, that at the first election of such officers, 
in any newly organized district, the clerk shall be chosen for 
one year, the treasurer for two years and the director for three 
years ; and thereafter, each officer shall be chosen for three /ears. 
Any person present at a school-district meeting, at which he 
shall be elected one of the district board, shall be deemed to be 
notified thereof; and any person so elected and not present, shall 
be notified thereof by the clerk of said meeting within five 
days thereafter; and unless each person elected and notified 
shall, within ten days after his election, file with the clerk his 
refusal in writing to accept the office, he shall be deemed Lo 
have accepted the same. See Form No. 16. 

In reckoning the terms of district officers, the time from the 
first meeting of a legally organized district to the first annual 
meeting, no matter how short that may be, is to he considered a 
year, because all subsequent elections must take place at the 
annual meetings of the district; hence, at the first annual meet- 
ing after its organization the district will elect a clerk, at the 
second, a treasurer, and at the third, a director, each for a term 
of three years. Ordinarily, but one district officer will be 
elected at an aniiual meeting, but it will sometimes be neces- 
sary to fill the unexpired terms of those who have vacated their 
offices. 

Section 443 restricts districts in their choice of treasurers j 
and provides that they shall hold their offices until their sue- 



District Officers and Board. 35 

cessors are elected or appointed, and qualified by filing the re- 
quired bonds. 

Section 513 makes women twenty-one years of age eligible as 
school district officers. Persons that have declaimed their inten- 
tion to become citizens are eligible to district offices. The su- 
preme court in 14 Wis., 539, held that, — 

"As to all such governments it is an acknowledged principle, 
which lies at the very foundation, and the enforcement of which 
needs neither the aid of statutory nor constitutional enactments 
or restrictions, that the government is instituted by the citizens 
for their liberty and protection, and that is to be administered 
and its powers and functions exercised only by them and 
through their agency." 

The doctrine laid down in this decision applies to women as 
well as to men. A married woman's legal status is determined 
by that of her husband. 

In Nevil v. Clifford, 63 Wis., 435, the court held that: 

1. The school board has the power to build a schoolhouse out 
of funds provided by the district for that purpose, but has no 
power to build, or cause to be built, a schoolhouse, and then 
make the cost of the building a charge against the district. 

2. The voters at a school-district meeting cannot authorize 
the school board to contract a debt on behalf of the district, or 
to levy a tax, in an amount beyond the limit of their own 
powers in that behalf. 

3. Nor can a school-district ratify a contract or acts of the 
school board, which it would have no power to authorize in the 
first instance. 

4. A school-district though containing less than 250 inhabit- 
ants may borrow a sum exceeding $600 for the purpose of 
building a schoolhouse, if the money is borrowed on such 
terms that it will not be necessary, in oi-der to repay it, to levy 
a tax exceeding $600 in any one year. Subd. 11, sec. 430, and 
sees. 475, 476, E. S. 

District board — Meetings — Section 432. The director, 

treasurer and clerk shall constitute the district board. Meet- 

gs of the board may be called by any two members thereof by 



36 District Officers and Board. 

serving on the other member a written notice of the time and 
place of such meeting, at least twenty-four hours before such 
meeting is to take place. No act authorized to be done by the 
district board shall be valid, unless voted at a meeting of the 
board. No formal notice of a meeting shall be required, where 
all members are present and consent to consider matters re- 
lating to the district, but the clerk shall make a record of all 
determinations of the board at all meetings thereof. 

The decision of a majority at a meeting properly convened, is 
the decision of the board, but the decision of a majority, or 
even of all three, under other circumstances, is not the decision 
of the board. It is merely the concurrent opinion of the mem- 
bers, and is no more the decision of the board than the concur- 
rent opinion of the members of the legislature, arrived at by 
taking their separate votes at their respective homes, would be 
an act of the legislature. 37 Wis., 54; 519 Wis., 518. 

It was held in 16 Maine R. , 185, that the dismissal of a 
teacher by two, a majority of the board, was illegal, because 
the third was not notified, although he was out of town. The 
court say, "That does not allow the majority to dispense with 
the rule requiring notice. They are not in such cases consti- 
tuted the judges whether the notice would be effectual to secure 
his attendance. Nor would it be entirely safe to entrust them 
with such a power, as it would afford an opportunity to select 
an occasion when they might judge that a notice would be in- 
effectual, and thus, by neglecting to give it, free themselves 
from the presence of a dissenting minority. It may often hap- 
pen that those will be able to attend, who were believed to be 
so situated that their attendance could not be expected. Nor 
is there any difficulty in giving the requisite notice in such 
cases, as one left at the usual place of residence would be 
sufficient. " 

A single member of the board may be authorized to carry out 
a vote or determination of the board, such as making a purchase, 
engaging work to be done, etc. 

Tacancies, how filled — Section 433. 1. The said board 
shall have power to fill by appointment any vacancy that may 
occur in their own number, withiii ten days after such vacancy 



District Officers and Board. 37 

shall occur; and if such vacancy shall not be filled within ten 
days as aforesaid, by said board, the town or village clerk 
shall fill such vacancy by appointment. In case a vacancy shall 
occur in a joint district and shall not be filled by the district 
board, the clerk of the town or village in which the school 
house is situated shall fill such vacancy. Any person appointed 
to fill a vacancy, upon being notified of such appointment, shall 
be deemed to have accepted the same, unless he shall, within 
five days thereafter, file with the clerk or director a written 
refusal to serve; and any person appointed to fill a vacancy 
shall hold the office until the annual meeting succeeding such 
appointment, at which the electors shall fill such vacancy for 
the unexpired term. See Forms 17, 18 19. 

Section 962, of chapter 42, of the revised statutes, as amended 
by chapter 361, laws of 1889, declares when offices become 
vacant. That section is here inserted: 

Section 962. Every office shall become vacant on the hap- 
pening of either of the following events: 

1. The death of the incuinbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhabitant of this state; or if the 
office be local, his ceasing to be an inhabitant of the district, 
county, town, city or village by or for which he shall have been 
elected or appointed, or within which the duties of his office are 
required to be discharged. 

5. His conviction of any infamous crime, or of any offense 
involving violation of his official oath. 

6. The decision of a competent tribunal declaring void his 
election or appointment, or adjudging him insane. 

7. The neglect or refusal of any person elected or appointed 
or re-elected or re-appointed to any office, to give or renew his 
official bond, or tj deposit the same in the manner and within 
the time prescribed by law. 

8. The neglect or refusal of any officer in office to execute 
and file an additional bond, when lawfully required, in the man- 
ner and within the time so required or prescribed by law. 

9. The death or declination in writing, of any person elected 
or appointed to fill a vacancy, or for a full term, before he qual- 
ifies, or his death or such declination before the time when, by 
law, he should enter upon the duties of his office, to which he 
was elected or appointed. 

10. On the happening of any other event which is declared 
by any special provision of law to create a vacancy. 

This amendment introduces into the original law authority 



38 District Officers and Board. 

for the village clerk to appoint members of district boards, or 
members of boards of joint districts, in all cases where the 
members of the boards themselves fail to fill a vacancy in their 
own number. 

This power of appointrnxcnt by the village clerk does not ex- 
tend beyond the limits of the district in which an organized 
village is located. 

By this section it is made the duty of the town clerk to fill a 
vacancy in a district board when he is officially informed of its 
existence; but his function is administrative, not judicial, and 
does not clothe him with authority to inquire into the validity 
of an officer's election or appointment, or to declare an office 
vacant. 

Wilful and unjust refusal to approve the bond of a person 
elected or appointed to an office, cannot deprive such person of 
his office or create a vacancy therein. The sufficiency of the 
treasurer's bond must be determined by the director and clerk, 
but they are bound to exercise a sound discretion and may not 
use this power to defeat the will of the district. 

" When a vacancy in the board of a joint school-district has 
not been filled by the board itself within ten days, if the school- 
house of the district is situated in a city, the city clerk may 
fill the vacancy by appointment. 

" The wilful and unjust refusal of the officer required to ap- 
prove the official bond of a person elected or appointed to an 
office, to give it his approval, cannot deprive such person of his 
office or create a vacancy therein. 

" If the failure of a person appointed to an office to file his of- 
ficial bond within the time prescribed was due to no neglect or de- 
fault on his part (as where the officer required to approve such 
bond withheld his approval on the ground that the appoint- 
ment was invalid), such appointee may, after judgment in his 
favor in an action to oust an usurper from the office, file his 
bond and do any other act necessary to entitle him to discharge 
the duties of the office." See section 3471, R. S. ; 65th Wis., 
510. 



District Officers and Board. 39 

The word "town " may be construed to include all cities, 
wards, or districts, unless such construction would be repuo-- 
nant to the provisions of any act specially relating to the same. 
Subd. 17, sec. 4971, R. S. 

The power of a district board to fill a vacancy continues but 
ten days; if they do not fill it in that time, the duty devolves 
upon the town clerk. But neither the board nor the town clerk 
is authorized to act judicially, and set aside an election, where 
an officer is deemed to have been elected illegally. Such person 
having been declared elected, and having entered upon the 
office, will be held to be an officer de facto until the illegality of 
his election is determined by competent authority. 

In other cases the board or the town or village clerk, before 
making an appointment, must of necessity decide in view of the 
facts that a vacancy exists, and in the order making the 
appointment, the facts which have caused the vacancy should 
be stated. 

In case of expiration of a term of service, and no election to 
fill the vacancy, it is to be understood that the term does not 
actually expire until ten days after the annual meeting. The 
board then has power, for ten days, to fill the vacancy ; and the 
town clerk has therefore no power to fill it until twenty days 
after the annual meeting. 

In case of a single vacancy in the district board, those in 
ofifice possess all the powers of a full board for the purpose of 
filling such vacancy, but if two vacancies exist at the same 
time, the remaining member cannot fill them. It must be done 
by the town clei^k. 

A person should not be re-appointed who refuses to serve, or 
whose resignation has been accepted. The statute regards the 
penalty for refusing to serve as an equivalent for the service. 
(See section 500.) 

It will be noted that in case of vacancy in a joint district, 
necessary to be filled by the town clerk, it is to be done by the 
clerk of the town in which the schoolhouse is situated. 

In case of appointment, the term of office of the appointee 



40 District Officers and Board. 



A 



expires at the next annual meeting, and If a successor is not 
then elected, the incumbent cannot hold the office more than 
ten days after the annual meeting. It then becomes the duty 
of the board to fill such vacancy, and if they neglect to fill it^ 
this duty devolves on the town clerk. 

Office, when vacant — Section 433a. When any school-dis- 
trict officer, either clerk, director or treasurer, shall be and remain 
absent from the district for which he was elected for a period 
exceeding sixty days, the office shall be deemed vacant by rea- 
son of such absence, and the remainder of the board shall have 
the power to appoint a successor, or in their failure so to do the 
town clerk shall have the same power to fill the vacancy in said 
school-district office as provided by section 433 of this chapter. 

Purchase and sale of schoolhouse — Section 434. The 
district board, in their corporate name, shall purchase or lease 
such a site for a schoolhouse as shall have been designated by 
the district, and shall build, hire or pur-chase a schoolhouse out 
of the funds provided for that purpose, and when required make 
sale of any schoolhouse, site or other property belonging to 
the district, and if necessary, execute a conveyance of the same, 
in their name of office, when lawfully directed by the qualified, 
electors of such district, at any annual or special meeting. 

A school-district is a corporate body, and as such has per- 
petual succession and existence in its corporate name, and the 
capacity to hold real and personal estate for its corporate pur- 
poses. It possesses this power as a legal body wholly distinct 
from the individuals who from time to time compose it. The 
district can act as a corporation only through its officers. The 
power to purchase or lease a site for a schoolhouse, or to build,. 
hire or purchase a schoolhouse, or to sell any schoolhouse, site- 
or other property, belongs exclusively to the district board. It 
is often the case that a building committee is appointed by the- 
district to superintend the erection of a schoolhouse. Although 
the law contemplates no such committee, there may be no ser- 
ious objection to it, if it can aid the board by its advice and 
service in carrying out the wishes of the people. But the dis- 
trict board alone has power to bind the district by a contract, 
written or verbal, and the district has no power to supersede- 
them by appointing a building committee, or any other agents.. 



District Officers and Board. 41 

A stringent conti^act, which in all cases should be in writing, 
with proper provisions for the adjustment of any questions that 
may arise under it, should be made. 

The inhabitants of a district, assembled in district meeting, 
should give plain and specific instructions to the district board in 
regard to the matters referred to in this section. All votes re- 
lating to purchase or sale of a site, schoolhouse, or other dis- 
trict property, should be taken by yeas and nays, and all pro- 
ceedings should be entered at length upon the record book of 
the district. 

Care of Ibiiildiii^, etc. — IiiYeiitory — Use of schoolhouse 

— Section 435. The district board shall have the care and 
keeping of the schoolhouse, books, apparatus, and all other 
property whatsoever belonging to the district, except that 
especially confided by law to the clerk, and they shall annually 
make an inventory thereof before each annual district meeting, 
and deposit the same with the clerk of the district; they shall 
keep the schoolhouse in good condition and repair, and provide 
all necessary appendages dinging the time a school shall be 
taught therein. They may grant leave to any responsible in- 
habitant or inhabitants of the district applying therefor, to 
occupy the schoolhouse for such public meetings as will, in the 
judgment of the board, aid in disseminating intelligence and 
good morals; any such licensee, and if the schoolhouse be so 
occupied without there being such responsible licensee answer- 
able, then the district board shall be personally liable to the 
district for any injury done to any property and for any ex- 
pense whatever incurred by, at, or in consequence of any such 
use of the schoolhouse. 

The books and records of the district are by law committed to 
the care of the clerk. The board has exclusive control of all 
other property belonging to the district. 

It is the duty of the board to provide the necessary appen- 
dages for the schoolhouse, without waiting for instructions 
from the people of the district. They are also required to keep 
the schoolhouse in good condition and repair during the time 
a school shall be taught therein. This duty should be promptly 
and efficiently performed. Under this section, the board has 
power to cause to be built suitable out-houses, and to provide 



42 District Officers and Board 

blackboards, and other things necessary to the successful man- 
agement of the school. 

■ It may be wise for district officers to be guided by the ex- 
pressed wish of the district concerning matters which this sec- 
tion commits to their care; but no vote of the electors of a dis- 
trict can divest its officers of the authority or relieve them of 
the responsibility with which the statute clothes them. 

In the exercise of the discretion confided to the board under 
this section, it should distinguish between things necessary and 
things unnecessary, though perhaps desirable. A stove is a 
necessity; an organ is not. 

Boards may purchase maps, books, etc. — Section 436. 
The said board shall have power to purchase a record book and 
such other books, blanks and stationery as may be necessary to 
keep a record of the proceedings of the district meetings, and 
the account of the treasurer, and for doing the business of the 
district in an orderly manner, and such maps, charts, globes 
and school apparatus as have been or may be approved as suitable 
for use of the schools, by the state superintendent or by the county 
superintendent of the county, not exceeding seventy-five dollars 
in value in any one year, and such school books as in their 
judgment may be necessary for the use of any childreo attend- 
ing in their district, whose parents and guardians may not be 
able to furnish the same. All such purchases shall be approved 
at a regular meeting of said board, at which all the members 
thereof shall be present. The district board shall keep an ac- 
curate account of all expenses incurred by them under the pro- 
visions of this section, and present an itemized statement of the 
purchases to the annual school-district meeting. 

The apparatus most likely to be useful in the public schools 
will include reading charts, writing spellers, writing charts, 
drawing books, numeral frames, cube root blocks, geometrical 
forms, outline maps, charts illustrating natural history, physi- 
ology and natural science, including color charts, blackboards, 
clock, call bell, thermometer, microscope aad magnet. 

It is worth while to emphasize that provision of the section 
which requires that, "All such purchases shall be approved at a 
regular meeting of said board, at which all the members thereof 
shall be present. " No contract made i/i violation or neglect of 
this plain requirement will bind the disti'ict. 



District Officers and Board. 43 

It will be noticed that boards are restricted t^ the purchase 
of such apparatus as has been approved by the state or county- 
superintendent, and boards will often find the advice of 
disinterested school men a safer guide than their own unaided 
judgments. 

Flags shall be purchased — Section 436a. The school board 
of each city and school-district in the state is hereby directed 
and required to purchase at the expense of such city or school- 
district one or more flags of the United States and place and 
keep one of chem in each school room or display from flagstaff 
ou the schoolhouse or from flagstaff on the school grounds in 
said city or schcDl-district, and also in like manner to purchase 
such necessary apparatus or appliances as may be necessary for 
properly preserving such flag or flags. 

The legislature of 1895 made the above section compulsory. 
When a flag is purchased, the district board should make some 
provision for properly caring for it. If left exposed to the 
weather it will be quickly destroyed. The teacher should exer- 
cise the same control over it that it is his duty to exercise in 
regard to other district property placed in his care during the 
school term, and the district clerk should care for it during va- 
cations. 

Additioual tax, when collected — Section 437. If any 
district shall not, at its annual meeting, or at a subsequent 
special meeting, prior to the third Monday of November follow- 
ing, vote a tax sufficient to maintain a school in said district 
for the term of six months during the ensuing year, the district 
board shall then, on or before the Wednesday next following- 
said third Monday of November, estimate and determine the 
sum necessary to be raised to maintain such school, and the 
district clerk shall forthwith certify to the town clerk the 
amount so fixed, who shall assess the same as other district 
taxes are assessed^ and all school money received from the 
school fund income shall be applied exclusively to the payment 
of teachers' wages. 

While the law has restrained districts on the'one hand, from 
voting excessive taxes, it has also provided a security against 
the parsimony or negligence that would sometimes fail to open 
schools at all, or that would open them for an insufficient per- 
iod. Six months' school in each year is the smallest amount 



44 District Officers and Board. 

that entitles a district to share in the income of the school 

fund. Not to provide for at least this anaount is a wrong to- 

children, and an iniury to the public good. The district board 

is therefore charged with the duty of making this provision, if 

it is not done by the district. The neglect to do this punishable 

by fine, or removal from office. See sections 507, 4549 and. 

4550. 

Contract with teaclier — Section 438. The district board 
shall contract with and hire duly qualified teachers in the name 
of the district, and the contract made shall specify the wages 
per week, month or year, to be paid, and when completed, shall 
be filed in the office of the district clerk, with a copy of the 
certificate of the teacher so employed attached thereto, and a 
copy of such contract shall be furnished by the clerk to the 
teacher. No contract with any person not holding a diploma 
or jjceiT^i ficate theu authorizing him to teach shall be valid; and 
A 2^ I t^^u^ contracts shall terminate if the authority given to 
teach shall expire by limitation and shall not be renewed, or if 
it shall be revoked. See form No. 21. 

The duty here devolved upon the district board, like any 
other act performed by it, must be preceded by a regular meet- 
ing, as provided for in section 432. The comments upon that 
section are referred to in this connection. 

Two of the board may be in favor of hiring a certain teacher, 
and may think that because they are a majority, there is no 
need of a meeting to consider the subject. But each member of 
the board has an equal right to be heard. Two of the board 
have no right to assume that the other .member may not be able 
to give good reasons for hiring some other person than their 
candidate. Common courtesy as well as the law requires a 
meeting for deliberation. 

In negotiating for a teacher, the board should first of all ascer- 
tain that the person is legally "qualified." The only legal evi- 
dence of this is an unexpired certificate from the proper super- 
intendent. If the county be divided into two superintendent 
districts, the certificate must be from the superintendent of 
that division of the county in which the school is to be taught. 
In case of a joint district not wholly within "^he jurisdiction of 



District Officers and Board. 45 

-one superintendent, the certificate must be from the superin- 
tendent within whose jurisdiction the schoolhouse is situated. 
A certificate has no validity or force beyond the county or juris- 
diction within which it is given, although "indorsed" by some 
other superintendent. 

The contract is of no force unless signed by at least two mem- 
bers of the board. It is better that it be signed by all. 

There is no authority for making a contract whereby the 
teacher engages to board with the parents of the children. 

The employment of any member of the district board to teach the 
school is not strictly forbidden by statute; nevertheless, it must be 
considered illegal, because against public policy; and a contract 
by a majority of the board with one of their own number, could 
inot be enforced. 25 Wisconsin, 551. 

Contracts with teachers to extend beyond the close of the 
school year are not binding upon the district or upon the in- 
coming board (16 Wis., 336). But if such contract be allowed 
to stand, the district will be liable for services rendered under 
it. 

The selection of the teacher and the amount of his compensa- 
tion are committed to the discretion of the board. The board 
may respect the expressed wish of the inhabitants, but the duty 
and responsibility of action in these matters remains with it. 

The teacher's security lies, first, in securing legal qualifica- 
tion to teach; second, in securing a legal contract. A verbal 
agreement may be incapable of proof, and may be broken. 

A teacher holding a legal contract may be dismissed for cause, 
during its continuance, but the burden of proof always rests 
vi^ith the party that terminates a legal contract. 

A teacher prevented from rendering full service by the de- 
iStruction of the schoolhouse, or by the suspension of the school 
by order of the board, on account of the prevalence of a conta- 
gious disease, if ready at all times to render the service for 
which he contracted, may recover full compensation. 50 Vt. , 
.30; 43 Mich., 480. 



46 District Officers and Board. 

Rules — Expulsion of pupils ^ Admission of adults — 

Section 439. The board shall have power to make all needful 
rules for the government of the schools established in the dis- 
trict, such rules to take effect when a copy of the same, signed 
by a majority of the board, shall be filed with the clerk. To 
suspend any pupil from the privileges of the school for non- 
compliance with the rules, established by them, or by the teach- 
ers with their consent; to expel . from school any pupil who 
shall persistently refuse or neglect to obey the rules above men- 
tioned, wheaever, upon due examination, they shall become sat- 
isfied that the interests of the school shall demand such expul- 
sion; and to admit any person between twenty and thirty years 
of age, residing in the district, to any public school under their 
control, free of tuition, when, in their judgment, it will not 
interfere with the pupils of school age therein. 

The board has power to make all needful rules and regula- 
tions for the organization, gradation and government of the 
school, and to suspend any pupil for non-compliance with reas- 
onable rules established by it, or by the teacher with its con- 
sent. 35 Wis., 59; 45 Wis., 150. But in matters of this kind 
the board will, in the main, be guided by the advice of the 
teacher. While the teacher is subordinate to, and must exe- 
cute the orders of the board, he is responsible for the conduct, 
discipline and progress of his pupils, and should, generally, be 
allowed to decide as to the means and methods of discharging 
this responsibility. Rules adopted, or approved by the board, 
should be recorded in its minutes. 

While there is no doubt as to the authority of the board to 
expel a pupil for continued insubordination or gross immorality, 
humanity demands that all other remedies should be exhausted 
before resorting to this extreme measure. It is the province 
of the schools to make good men and good women from such 
material as is furnished by the several communities. Their 
efficiency is commensurate with their power to incite the love 
of right things. 

It becomes the duty of a school board to expel a pupil when- 
ever it is convinced that his continuance in school will result in 
its demoralization, or in the contamination of his fellows; but 
the proof on which the conviction rests should be indubitable. It 



District Officers and Board. 47 

should be remembered thnt the object of school discipline is to 
reform and restore. If the board neglects to make rules for the 
government of the school, the authority of the teacher to en- 
force obedience to reasonable requirements is unquestionable. 

The teacher may quell insubordination by corporal punish- 
ment or by suspension. But these are extreme remedies, 
and are justifiable only whei^e other means fail, or are plainly 
inadequate. 

Courts have uniformly sustained the authority of school boards 
to make and enforce rules requiring pupils to bring written ex- 
cuses for absence and tai'diness under penalty of suspension. 

The rule must be reasonable, and must be enforced in a 
reasonable manner. If a school board should authorize suspen- 
sion for absence occasioned by a violent storm, by the illness of 
the child, or by illness or death in his family, the rule would 
be unreasonable and therefore illegal. 

Barring schoolhouse doors against tardy children in cold or 
stormy weather would be cruel, and would not be sustained. 

Not unfrequently there is a disposition to question the 
teacher's right to enforce his authority by the infliction of cor- 
poral punishment. It should be borne in mind that the teacher 
who contracts to manage a public school undertakes to do some- 
thing more than merely to prescribe lessons and hear recitations. 
He assumes to govern the school, to maintain quiet and order 
in and about the schoolhouse, and to compel such conduct on 
the part of the pupils as shall best conduce to their own wel- 
fare and that of the school as a whole. This authority would 
be nugatory if the teacher were not armed with some coercive 
power. Accordingly, the supreme courts of nearly every state 
in the union have held, with singular unanimity, to the' deter- 
mination that the teacher has the right, in the execution of his 
duty, to infiiot corporal punishment. Our own supreme court, 
in 45 Wis., p. 150, held that "A teacher is responsible for the 
discipline of his school, and for the progress, conduct and deport- 
ment of his pupils. It is his imperative duty to maintain good 
order and to require of his pupils a faithful performance of 



48 District Officers and Board. 

their duties. If he fails to do so, he is unfit for'his position. 
To enable him to discharge these duties effectually, he must 
necessarily have the power to enforce prompt obedience to his 
lawful commands. For this reason the law gives him ' power, 
in proper eases, to inflict corporal punishment upon refractory 
pupils. " The courts have held as uniformly that the teacher 
was liable for the castigation of his pupils only when the pun- 
ishment was unreasonable, or was inflicted from malicious mo- 
tives. It has also been held that the teacher is the best judge 
both of the need and the measure of punishment. There are 
many circumstances tending to determine the guilt of the pupil 
which cannot be set up in evidence, — such as the manner of 
the pupil, his tone of voice and general conduct. Still, the in- 
Hiction of physical pain has little educational value, and a wise 
teacher will seldom resort to this method of securing obedience. 

Board's duties as to text-books — Change of — Section 
440. The district board shall determine what school and text- 
books shall be used in the several branches taught in the schools; 
they shall make a list of such books and file one copy with the 
clerk, and keep one copy posted in the schoolhouse. When any 
such text-books shall have been adopted (except in districts fur- 
nishing free text-bookS' to all pupils attending school therein) 
they shall not be changed for the term of three years, and no 
change of text-books shall be made by a school board (except 
in districts furnishing free text-books as aforesaid) unless au- 
thorized by a majority vote of the legal voters of a district, at 
a regular annual school meeting; and it is hereby made the duty 
of the district clerk to embou}/ in his notice of such annual 
meeting the fact that the question of a change of text-books will 
be submitted to the meeting;. 

The purpose of this section is to exempt districts furnishing 
free text-books from that provision of the original statute that 
requires district boards to retain adopted text-books at least 
three years; and permits them to change them only when au- 
thorized to do so by a vote of the district at an annual school 
meeting. This section removes this restriction from districts 
that furnish text-books free, and leaves the adoption and change 
-of text-books to the discretion of district boards. 



District Officers and Board, 49 

Text-lbooks in cities — Section 440a. The several boards 
of education having the government in cities of the public 
schools, shall determine what school and text-books shall be 
used in the several branches of study pursued in the schools 
and shall make a list of such books, file a copy with their clerk 
or secretary ard keep a copy posted in each school building. 
When any such text-books shall have been adopted, except in 
such city or cities as furnish to the pupils attending the public 
schools therein free text-books, they shall not be changed for a 
term of three years. Any board of education in any city where 
the district system is not in force may, under the limitations of 
this act, order changes in text-books, as aforesaid; provided, 
except as to free text-books, as aforesaid, that said changes 
shall be approved by the common council or board of aldermen 
of such city; and the aforesaid boards of education are hereby 
authorized to purchase text- books for use in the public schools, 
and to loan or furnish them to pupils under such conditions or 
regulations as they may prescribe. But no text-books shall be 
permitted in any free public schools which would have a ten- 
dency to inculcate sectarian ideas. 

Section 440b. Every member of a district board in any 
school-district in this state, every member of a board of educa- 
tion in any city of this state, in which a list of text-books has 
been adopted according to law, who shall within three years 
from the date of such adoption order a change of text-lDooks 
in such district or city, shall forfeit the sum of fifty dollars. 

This is applicable to all school officers except those of districts 
and of cities furnishing free text-books. 

By the above provisions, it will be seen that in the first in- 
stance, before any list of text-books has been adopted for use in 
the district, the district board is authorized and required to 
adopt such a list, file one copy with the clerk, and post one copy 
in the school room. After this list is adopted, no change in 
that list can be made for three years, and thereafter only when 
the district, at a regular annual meeting, shall authorize the 
board to make changes therein by a vote of the majority of the 
voters present. 

It is always safe to presume, where there is considerable uni- 
formity of books in use, that a list has been adopted at some 
-time, although no list can be found in the file of the clerk, or 
posted in the school room; and to make no changes until the an- 
nual meeting authorizes them to be made. 
4 



50 District Officers and Board. 

In regard to a meeting of the board, it is also safest and 
wisest to call and hold a meeting, as provided in section 432 
before acting upon any important matter like that of changing 
or adopting text-books, hiring teachers, etc., etc., and the at- 
tention of school officers is particularly called to the fact that the 
electors at a school meeting have no authority to change text, 
books within three years after their adoption ; that the electors 
at any special meeting cannot authorize a change, and that 
there is no authority for making contracts with publishing 
houses for a specified time. 

School boards are charged with no more delicate duty than 
the one imposed by these sections. The law imposes upon dis- 
trict boards the duty and the responsibility of adopting text- 
books for the schools. In the discharge of this duty boards will 
do well to call to their aid the teacher and those best acquaint- 
ed with the actual merits of the books. Such persons will be the 
best judges of the adaptation of the books to the needs of the 
school. 

Board to risit school— Section 441. The district board 
shall visit the school under their care, examine into the condi- 
tion thereof, and the progress of the pupils, advise and consult 
with the teachers in reference to the method of instruction, 
management, and government, and exercise such general super- 
vision as is necessary to carry out the provisions of this chap- 
ter. 

Premium note for insurance — Section 441«. Any school- 
district board in the state, insuring in a town insurance com- 
pany the school pi^operty in its charge is hereby authorized to 
execute a note for the premium. 



Dii^ector. 51 



DIRECTOR. 

Duties of — Section 442. It shall be the duty of the di- 
rector of each district : 

I.. To countersign all orders legally drawn by the clerk upon 
the treasurer of the district. 

2. To appear for and on behalf of the district in all actions 
brought by and against it, when no other direction shall have 
been lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of the 
district, on the treasurer's bond in case of any breach of any 
condition thereof, and to apply all money when collected to the 
use of the district as the same should have been applied by the 
treasurer. 

The words "legally drawn," in the first clause of this section, 
make it the duty of the director to ascertain that orders on the 
district treasury have been drawn in accordance with law, be- 
fore affixing his signature thereto. 

By the provisions of subdivision 15. of section 430, the dis- 
trict has power, at any meeting duly called, to give such di- 
rection and make such provision, as may be deemed necessary in 
relation to the prosecution or defense of any action or proceed- 
ing in which the district may be a party or interested; and un- 
less some other person is designated to perform the duty, the di- 
rector is required to bring suit and carry out the will of the 
meeting. 

In case of a breach of the treasurer's bond it is the duty of 
the director to commence proceedings to protect the interests of 
the district at once, without waiting for the action of a district 
meeting. He may also bring suit for an injury to a school- 
house without direction from the electors. 21 Wis., 657. 

If an action is commenced against the district, the director 
must appear in behalf of the district, without waiting for 
authority from a district meeting. The district may, however, 
designate some other person to act as its representative in the 
defense. 



52 Treasui^er. 



TREASURER. 

Bonds of- — Section 443. The treasurer of each district shall, 
within ten days after his election or appointment, execute to 
the district, and file with the clerk a bond with sufficient sure- 
ties, in double the amount, as nearly as can be ascertained, of 
all the money to come into his hands as treasurer of the district, 
■conditioned for the faithful discharge of the duty of his office, 
and approved by the director and clerk. Such treasurer shall 
hold his office until his successor shall be elected or appointpd, 
and his bond shall be executed, filed and approved as provided 
by law. Whenever the director and clerk shall deem the bond 
of any treasurer insufficient, they shall demand an additional 
bond with the like condition, in such sum as they shall fix, 
which shall thereupon -be executed, approved and filed in the 
manner aforesaid, within ten days after such demand. The 
neglect or refusal to file such bond in either case shall vacate 
the office; provided, that no person employed as school director, 
•clerk or teacher, shall hold the office of school treasurer in the 
same district. See Forms Nos. 22 and 23. 

School-district treasurers hold their offices until their suc- 
cessors are elected or appointed, and qualified by filing the re- 
quired bond. 

A neglect to file the bond completed and approved,* within 
ten days, as the law directs, is a ground for vacating the office. 
Filing it with the approval of o?ie member of the board only, is 
of no effect. It is obviously improper for either the director 
or the clerk to become surety for the treasurer. 

The power granted the clerk and director by this section to 
require an additional bond, when deemed necessary, should be 
exercised whenever the interests of the district demand it. No 
good citizen will regard the exercise of this power as an im- 
putation upon his character. Whenever the security on the 
bond is not such as the law requires, it is obviously the duty 
of the treasurer to furnish additional security, and it must be 
done within ten days, just as in the original filing of the bond. 

When the office is vacated from either of the causes named, 
the board will appoint a treasurer, who will be subject to the 
same conditions and possess the same powers as if elected to 
the office. 



Treasurer. 53; 

By this seotion the treasurer is required to file a bond with 
securities that are sufficient in the judgment of the director 
and clerk, but these officers are to be guided in this matter by 
a sound discretion, and not by caprice. They may require the 
affidavit of bondsmen, certifying that they are worth the amount 
for which the bond renders them responsible, in their own 
right; but they may not use the discretion with lohich the laio vests 
them to defeat the will of the district. 

Failure of a treasurer to pay over money in his hands on his 
removalfrorn office is a breach of his bond, and no demand is 
necessary to fix the liability of his sureties. 27 Wis., 505. 

The district has no power to release a treasurer from liability 
for money lost or mis-applied by him. 10 Neb., 293. 

Treasurer's duties — Section 444. The treasurer of each 
school-district shall apply for and receive from the town treas- 
urer all school money apportioned to the district or collected for 
the same by said town treasurer, and pay all money received 
by him on the order of the clerk, countersigned ,by the director, 
and not otherwise. He shall keep a book in which he shall en- 
ter all the money received and disbursed by him, specifying 
particularly the sources from which the same has been received, 
the persons to whom, and the object for which the same has 
been paid, and shall afford the clerk access thei-eto, when de- 
sired, to enable him to make his annual school report. He shall 
present to each annual meeting, a report in v/riting, containing 
a statement of all moneys received by him during the preceding 
year, and of each item of disbursement made by him, and ex- 
hibit the voucher therefor. At the close of his term of office,, 
he shall settle with the district board, and deliver to his suc- 
cessor said book and all vouchers, orders and papers coming into 
his hands as treasurer, together with all money remaining in 
his hands as such treasurer. 

While this section requires the treasurer "to pay all money 
received by him on the order of the clerk, countersigned by 
the director, " it should be borne in mind that he is a member 
of the district board and is bound by the general law prohibit- 
ing these officers from paying orders for money that has not 
been appropriated according to law. See section 446. He is 
not bound to pay an order to satisfy an appropriation (made by 
the board) about which he was not consulted. 59 Wis., 518. 



54 Treasurer. 

An order, although properly drawn, does not relieve a treas- 
urer of his responsibilities as a district officer. It is his busi- 
ness to see that the mone}^ of the district is disbursed accord- 
ing to law. 

The district treasurer can ascertain the amount of money to 
which- his district is entitled, by examining the certificate of 
apportionment on file in the town treasurer's office, which 
that officer receives from the town clerk. The district treasurer 
should pay all legal orders in the order of presentatioo, when 
no special direction appears upon the order to the contrary. 

The law now requires the treasurer to give the clerk access to 
his books in making his report. 

It is a duty which the treasurer owes to himself, as well as to 
his district, to keep an accurate record of his accounts, so as to 
be able to present a clear and satisfactory statement of the 
transactions of the year. The account required to be kept by 
him, may be a simple cash account, in which the treasurer per- 
sonally, and in his individual name is charged with all school 
moneys received by him, and credited with each payment, speci- 
fying the date, the person to whom and the account on which 
it was made. It is convenient and will conduce to accuracy to 
number each credit consecutively, and to affix the same num- 
ber to the order to be produced in proof of payment, and in 
support of such payment. This account should be kept in a 
book well bound, and a transcript of such account should be 
made, and with the pi'oper vouchers, presented to the annual 
meeting. This transcript should be examined by a committee 
appointed by the meeting, and should be endorsed by said com- 
mittee as having been examined and found correct, if the com- 
mittee find it regular in all respects. When at the close of his 
term of office he settles with the district board, as required by 
law, the board should enter, upon the original account in the 
blank-book, its certificate that it has examined such account 
up to and including the last preceding entr}' (giving its date), 
and the vouchers therefor, and that it finds the same correct. 

It is deemed proper to refer here to the present law in re- 



treasurer. 55 

gard to embezzlement. Eefusal of an officer or other person, 
made the custodian of money, to pay over the same on lawful 
demand, is declared to be embezzlement, and is punishable by 
imprisonment or fine. And if any person so demanding money 
and refused the same neglects to make complaint against such 
oflBcer, he is also punishable by imprisonment or fine. Sections 
4418-4421 of the revised statutes relate to this matter. It will 
be seen by section 963, that whenever any judgment has been 
rendered against the treasurer for any breach of the conditions 
of his bond the governor may declare the office vacant. The 
vacancy will be filled as other vacancies in the district board 
are filled. 

It is also deemed proper to refer here to the provisions of law 
relating to proceedings to compel the delivery of books and 
papers of "public officers to their successors, contained in chap- 
ter XLIII, revised statutes, and embracing sections 977-983 in- 
clusive. Severe penalties and summary proceedings are therein 
provided for failure to thus deliver books and papers to suc- 
cessors. See these sections under title of Penalties and Mis- 
cellaneous Laws at the end of the code. 

Prosecution of town treasurer — Section 445. The treas- 
urer of any school-district shall prosecute the town treasurer 
of the town in which such district or any part thereof is situa- 
ted, for the recovery of any money belonging to such district, 
in all cases when such town treasurer shall refuse or neglect, 
for the space of ten days from the time fixed by law therefor, 
to pay the same to the proper officer of such district. 

The treasurer should bring the action before a justice of the 
peace, if the amount withheld does not exceed $200 ; otherwise, 
in the circuit court. 



56 Clerk. 



CLERK. 

Duties of — Se tion 446. It shall be the duty of each school- 
district clerk: 

1. To report the name and postoffice address of each officer of 
his district to the town clerk and to the town treasurer, or if a 
joint district, the town clerk and the town treasurer of each town 
in which his district or any part thereof is situated, within ten 
days after the election or appointment of such officer. 

2. To act as clerk when present, and record the proceedings 
of each district, and minutes of all meetings, orders, resolutions 
and other proceedings of the district board, in the record book 
provided by the board, and to enter therein copies of all reports 
made by him to the town clerk. 

3. To make in such book, or in some other suitable one, a 
record of all orders drawn upon the ti-easurer. 

4. To draw orders on the treasurer for money in his hands 
which has been apportioned to or raised by the district for that 
purpose, in payment, when due, of the wages of legally quali- 
fied teachers who have been employed by the board, and have 
taught the school of such district, and also to draw orders on 
the treasurer for money in his hands, to be disbursed for any 
other purpose, voted by a district meeting, according to the 
provisions of section 430; and, each order shall designate the 
object for which and the fund upon which it is drawn, and shall 
be countersigned by the director. No order shall be drawn, 
countersigned or paid, which is in favor of any person who has 
taught school in said district when not holding a certificate of 
qualification therefor, as provided by law, nor for the payment 
of which the money has not been appropriated according to law, 
and no order shall be drawn for any money received from the 
school fund income, for any other purpose than payment of 
teachers' wages. (See form No. 24.) 

5. To furnish at the expense of the district for the use of 
each teacher, a school register in the form prescribed by the 
state superintendent, to procure the same to be retui-ned to him 
at the expiration of the teacher's employment, and to preserve 
the same with the records and papers of the district. 

6. To perform such other duties as are or shall be imposed 
upon him by law. 

The importance of full and accurate records cannot be too 
strongly emphasized. The record book of the district should 
contain a full history of its school affairs. Dates, names, reso- 
lutions, votes, etc., should be given with such exactness that no 
trouble can arise which a reference to its pages will not help to 



Clerk. 57 

settle. Financial statements and reports should be spread out 
on the record book. Documents that are merely filed are soon 
lost. 

The cleriv cannot properly refuse to record the proceedings of 
a meeting that he was opposed to calling. And although he may 
think the proceedings illegal, it is his duty, nevertheless, faith- 
fully to record them. If illegal, they may be set aside by com- 
petent authority, on appeal; and the record of the clerk is of 
importance in deciding the question. 

As the board has no authority to contract with a teacher who 
does not hold a legal certificate of qualification, so also any use 
of public funds, from whatever source received, for the payment 
of teachers not legally qualified, is a palpable violation of law. 
It is the duty of the clerk to see and know that the person em- 
ployed is legally qualified and entitled to teach, before any or- 
der for payment is drawn. It is no less the duty of the director 
to refuse to countersign, and of the treasurer to refuse to pay, 
orders drawn in violation of law; and these officers are bound 
to know that orders are legal before they recognize them as 
valid. 

School attendeiice and truancy ^ — Section 446a. 1. Every 
parent or other person having under his control any child be- 
tween the ages of seven and thirteen years, shall cause such 
child to attend, for at least twelve weeks in each and every 
school year, some public or private school ; provided, however, 
that this act shall not apply to any child that has been or is 
being otherwise instructed for a like period of time in the ele- 
mentary branches of learning, or that has already acquired such 
knowledge, or whose mental or physical condition is such as to 
render his or her attendance at school and application to study 
inexpedient or impracticable, or who lives more than two miles 
from any school by the nearest traveled road, or who is excused 
for sufficient reasons by any court of record. Every person 
who shall violate the provisions of this section, shall upon con- 
viction thereof, be fined in any sum not less than three dollars 
nor more than twenty dollars for each and every offense. 

2. It shall be the duty of the director of any school-district, 
or the president of any board of education of any incorporated 
village or city', or any truant officers appointed by such board 
of education to prosecute any offense occurring under this act,, 
and such person neglecting to prosecute for such fine within 



58 Clerk. 

fifteen days after a written notice has been served upon him, by 
any qualified elector or taxpayer within the district, village or 
city within which the offending party shall reside, shall be 
liable to a fine of not less than ten nor more than twenty dol- 
lars for each and every offense. 

3. The board of education of every city and incorporated vil- 
lage, and the district school board in every school-district, may 
appoint one or more persons, who shall be designated as truant 
officers, whose duty it shall be, acting discreetly, to apprehend 
upon view, all children between seven and thirteen years of age, 
who habitually frequent or loiter about public places and have 
no lawful occupation, and place such children, when so appre- 
hended, in such schools as the parent or other person having 
the control of such childrea may designate. And such officers 
shall report all cases of truancy to their respective boards of 
education, within a reasonable time. The persons appointed 
such truant officers shall be entitled to such compensation as 
shall be fixed by the boards appointing them and such compen- 
sation may be paid out of the school fund. 

4. The fines provided for by this act shall, when collected, be 
paid over by the officers collecting the same to the proper school 
treasury of the city, village or school-district in which such 
person convicted resides, to be applied and accounted for by 
such treasurers in the same way as other moneys raised for 
school purposes, and shall be placed by such ti-easurers to the 
credit of any city or district in which such person resided at 
the time of conviction. 

5. It shall be the duty of all officers empowered to take the 
annual school census to ascertain the number of children be- 
tween the ages of seven and thirteen years in their respective 
districts, the number of children between such ages who did not 
attend school, and in so far as possible, the cause or causes of 
such failure to attend school. 

This law is a substitute for all previous compulsory attend- 
ance legislation. It requires every person having control of a 
child between the ages of seven and thirteen years to send such 
child to school at least twelve weeks in each school year, unless 
he is suitably instructed otherwise in the elementary branches 
of learning, or has acquired such knowledge. Children whose 
mental or physical condition, or whose remoteness from a 
schoolhouse renders their attendance at school unwise or inex- 
pedient, are also exempted from the requirements of this act. 
Penalties are provided for violation of this law. It is made the 
duty of the director o.'' a district or president of a board of ed- 



Clerk. 59 

ucatioa to enforce the law, and for neglect of such enforcement 
such school officers are rendered liable whenever complaint is 
made by an elector or taxpayer. The law also provides for the 
appointment and compensation of truant officers, whose special 
duty it shall be to secure the attendance of children who be- 
come loiterers in public places. Fines collected under this act 
are devoted to the support of the local public schools. And it 
further provides for taking the annual school census in such a. 
way as to reveal specifically the number of persons within the 
ages prescribed, and who of them did not attend school during 
the year preceding. 



WHAT SHALL BE TAUGHT. 

Studies — Section 447. Orthography, orthoepy, reading, 
writing, grammar, geography, arithmetic, history of the United 
States, the constitution of the United States, and the constitu- 
tion of this state shall be taught in every district school, and 
such other branches as the district board may determine. All 
instruction shall be in the English language, except that the 
district board or the board of education of any incorporated 
village or city may', ia their discretion, cause any foreign 
language to be taught by a competent tea^.-her to such pupils as 
desire it, not to exceed one hour each day. School- district 
boards, town boards of school directors, and boards of educa- 
tion, may, in their discretion, provide for kindergartens, for 
instruction and training of primary grades in separate depart- 
ments or otherwise. 

The topics recited in this section constitute the foundation of 
an education. Section 450 requires teachers of common schools 
to be examined in other branches, but the legislature evidently 
regarded those mentioned above as of prime , importaace, and 
provided that they must be taught. 

Whenever, by the introduction o'f other branches into the pub- 
lic schools these are excluded, or are taught less efficiently, the 
plain provision of the section is violated. Every school should 
be so conducted as to secure daily instruction in reading, writ- 
ing and spelling, and written exercises should be required 



60 What Shall be Taught. 

of persons of suitable advancement in every branch taught in 
the schools. 

The law contemplates, instruction, discipline and government 
of such character as to prepare the young to discharge their 
duties as citizens of a country in which the English language 
is used by the courts, the legislature and the people. To carry 
out this provision of the law, section 449 provides, — "No per- 
son shall receive any certificate who does not write and speak 
the English language with facility and correctness." 

Acquaintance with another language ma}'' aid in the instruc- 
tion of children of foreign birth, or parentage, and this section 
allows one hour a day to be given to instruction in a foreign 
language, bub the purpose of the provision is to limit, not to 
encourage the study of a foreign language in a common public 
school. 

Pliysiolog-y and liygieiie — Section 447a. Provision shall 
be made by the proper local school authorities for instructing 
all pupils in all schools supported by public money, or under 
state control; in physiology aad hygiene with special reference 
to the effects of stimulants and narcotics upon the human sys- 
tem. 

The text-books used in giving the foregoing instruction shall 
receive the joint approval of the state superintendent of public 
instruction, and the state board of health. 

This section contemplates instruction in physiology and hy- 
giene, for all pupils sufficiently advanced in age and scholar- 
ship, with special reference to the effects of stimulants and nar- 
cotics upon the human system. Under the guidaiice of an ap- 
proved book, oral instruction in this topic may be given to 
pupils that are too immature to be benefited by the use of a 
text-book. 

The effectiveness of the work in this branch, so far as its oral 
presentation is concerned, will depend on the simplicity of the' 
instruction, and the good judgment of the teacher in avoiding 
abstruse and offensive statements. 



Certificates and Examinations. 61 



CERTIFICATES AND EXAMINATIONS. 



Who may teacli — Section 448. Every person who shall de- 
sire to teach in any of the common schools, unless he shall hold a 
diploma or certificate then authorizing him to teach, shall pro- 
cure such certificate from the proper examining ofi^cer, as 
hereinafter provided; and no certificate shall have force, except 
in the district of the examining officer who issued the same. 

See comments on section 438. 

Grades of certificates — Sectioi^ 449. Thei^e are hereby es- 
tablished three grades of teachers' certificates, to be known as 
■certificates of the first, second and third grades. Each certifi- 
cate shall show the branches in which the holder has been ex- 
amined, and his relative attainments in each branch. No per- 
son shall receive any certificate who is known to the examining 
officer to be of immoral character, who is deficient in learning 
or ability to teach, or who does not write and speak the 
lEngli^h language with facility and correctness. 

Scope of examination — Eiglits nnder certificates — 

Section 450. Every apj^licant for a certificate shall be exam- 
ined in the subjects hereinafter mentioned for the several grades 
respectively as follows: For the third grade, in orthoepy, 
orthography, reading, penmanship, arithmetic, English gram- 
mar, geography, the histor}'- of the United States, the constitu- 
tion of the United States, the constitution of the state of Wis- 
consin, physiology and hygiene, with special reference to the 
effects of stimulants and narcotics upon the human system, and 
the theory and art of teaching. For the second grade in all the 
foregoing, and also in grammatical analysis, physiology, physi- 
cal geography and elementary algebra. For the first grade in 
all the foregoing, and also in higher algebra, natural philosophy 
and geometry, and if found qualified, shall receive the certifi- 
cate appropriate tc his grade. A third grade certificate shall 
entitle the holder to teach for such period, not moi-e than one 
year, as may be sijecified therein, in any town in the superin- 
tendent district in which he is examined, except that it may be 
limited by the county superintendent to any town or school-dis- 
trict therein. A second grade certificate shall entitle the 



62 Certificates and Examinations. 

holder to teach in any town in such superintendent district, and 
be ir, force two years ivora its date. A first grade certificate 
shall entitle the holder to teach in any town in such superin- 
tendent district, and be in force four years from its date; but 
the county superintendent may limit the samic to one year, and 
remove the limitation upon satisfactory evidence that the holder 
has successfuUy taught a public school in this state for at least 
six months. Whenever any person has passed a satisfactory 
examination by any county superintendent of any county in this 
state, and obtained a certificate of either grade herein provided 
for, and shall purpose to teach in any other county in this 
state, it shall be lawful for the superintendent holding the 
papers written, upon the request of any county superintendent 
to transfer to the superintendeiit requesting the same the 
papers written at the examination at which the certificate was 
obtained, and if found satisfactory, a certificate thereon, of the 
proper grade, may be issued to be co-terminus with the original 
certificate in the discretion of the county superintendent, to 
the same effect as though the applicant had been examined by 
the superintendent in person. 

Candidates for third grade certificates should be required to 
spell correctly the words of ordinary sentences dictated by the 
examiner, to know something of the rules of spelling, to under- 
stand the use of capitals and of the diacritical marks in Web- 
ster's dictionary, to pronounce common words with facility 
and correctness, and to read distinctly and intelligibly from an 
ordinary book; to work readily any ordinary problem in com- 
mon arithmetic, giving reasons for the operations ; to parse 
correctly any sentence of common prose and to understand the 
elements of sentential analysis; to have a fair knowledge of the 
geography, especially of the United States and of this state, of 
the history of this country, and of the constitutions of the 
United States and of Wisconsin ; to have so much knowledge of 
human physiology as is necessary to give proper instruction 
upon the effects of narcotics and stimulants; to write legibly; 
and to have some correct ideas of methods of teaching and of 
the management of a school. 

Candidates for second grade certifiates should show a liberal 
understanding of the rules of spelling, pronunciation, and ex- 
pression; of the diacritical marks, and marks of punctuation; 
should spell the difficult words in common use and be able to 



Certificates and Examinations. 63^ 

read intelligently. They should write a plain hand, should un- 
derstand the science of arithmetic, and be able to teach book- 
keeping by single entry; they should compose with facility and 
write grammatically, and should have a fair knowledge of the- 
additional branches i-equired for the second grade. 

For a first grade certificate, the law requires a knowledge of 
higher algebra, natural philosophy and geometry, in addition to- 
the branches required for the lower grades, and the examina- 
tion in the common branches should be thorough and searching. 

Third grade certificates are intended for temporary use, and. 
they may be limited to any time less than one year and to any 
school district, at the discretion of the examiner. 

The law does not recognize any form of " license " or " permit. " 
Only a certificate in proper form is valid. A certificate cannot be 
"extended," but a new one may be issued if in the judgment of 
the superintendent the circumstances justify it. An "indorse- 
ment " of one superintendent upon the certificate issued by 
another has no validity, but an examination may be avoided by 
a transfer of papers, as provided in section 450. . 

Standard of attainments — Section 451. Each county 
superintendent shall, under the advice and direction of the state 
superintendent, establish for his county the standard of attain- 
ment in each branch of study, which must be reached by each 
applicant, before receiving a certificate of either grade, and the 
standard so established shall be uniform in the superintendent's 
district_/I\ He may demand an examination in such additional 
brahclies as the applicant may be required to teach, and when- 
ever he shall deem it necessary may require a re-examination of 
any teacher in his district for the purpose of ascertaining his 
qualifications to continue as such teacher. 

Comments relating to the standard of attainment will be 
found under section 461. This provision enables the superin- 
tendent to act upon the facts within his own knowledge in the 
accomplishment of the end contemplated in section 453. The 
re-examination authorizes him to pass judgment upon the teacher 
with reference to his learning, ability to teach, and moral 
character. If found deficient in any of these particulars to such 
a degree that his continuance as a teacher would be prejudicial 



'64 Cey'tificates and Examinations. 

to the interests of education, the certificate should not be grant- 
ed. The sujDeriiitendent may base his judgment as to the teach- 
er's ability upon the results of the observations made by him 
during school visitation. Care should be exercised that the ob- 
served conditions are of a permanent character and evidence the 
real condition of the school, as the authority to demand a re- 
examination of a teacher can lawfully be exercised only when 
there is good and sufficient cause for it. 

At least five daj'^s' notice shohld be given to the board and the 
teacher of the time and place when and where the examination 
will be held. When the exigencies of the case demand the im- 
mediate removal of the teacher, it is advisable to confer with 
the board with a view to secure his dismissal on the grounds of 
failure to perform his contract. Upon the board's failure to act, 
it will be proper for the superintendent, in the discharge of his 
duty, to exercise the authority with which the statute clothes 
him, that is, he may annul the teacher's certificate, whereupon 
the contract will expire by force of law. See section 438. 

If the case arises near the close of the teacher's term, it may 
be the better course to require the teacher to appear at the 
next public examination; the facts and circumstances of each 
case should control the action of the superintendent. 

Re-exaniiiiation of applicant — Section 452. Any appli- 
cant refused a certificate as a teacher by the county superinten- 
dent, may apply to the state superintendent for a re-examina- 
tion. The superintendent, upon demand, shall give any appli- 
cant refused a certificate, a written statement of the reasons of 
such refusal, which shall be presented to the state superinten- 
dent by the person desiring re-examination. If, upon such re- 
examination, the state superintendent shall be satisfied that 
such applicant is legally qualified, he shall issue a certificate 
of the proper grade which shall entitle him to the same priv- 
ileges as if it had been issued by the county superintendent. 

An appeal from the action of a county superintendent in 
refusing to grant a certificate must be conducted according to 
the rules and regulations of the department governing appeals. 
As the county superintendent fixes the standard of attainment 



Certificates and Examinations. 65 

under the advice of the state superintendent, no appeal need be 
taken under the impression that the standard will be lowered. 
If the refusal is for want of literary qualifications, a re-ex- 
amination will probably be necessary. If for other reasons, 
the decision will be rendered accordirjg to the evidence sub- 
mitted. The forms and rules to be observed by a teacher in 
taking an appeal will be found under section 497. 

Graduates of liigli schools entitled to certificates — Sec- 
tion 452a. The high school board of each high school-district, in 
this state in which there is, or shall hereafter be maintained a free 
high school, according to the provisions of law, shall make out and 
deliver to each graduate of such respective high schools at the 
time of graduation, a certificate of his standing in. the various 
branches which he has pursued in such school, and any such 
graduate who shall have duly passed an examination for and re- 
ceived a first grade certificate from the county superintendent 
of schools of the county where he shall then reside or shall have 
so graduated, upon furnishing to any county superintendent 
satisfactory proof of having successsfuUy taught at least one 
school year under such first grade certificate, such county super- 
intendent may countersign such certificate of graduation or 
diploma and the same when so countersigned shall have the same 
force and effect (for all purposes) ofa first grade county certificate 
for the period of four years, from and after the time when the 
same is so countersigned. 

This section enables a graduate of a free high school to secure 
a first grade certificate in any county, based upon his diploma 
and testimonials of successful experience in teaching after 
graduation. Superintendents should file in their offices the 
documentary " proofs " required. 

ANNULLING CERTinCATES. 

Charges against teacher, how heard — Section 453. When 
* any charge shall be made in writing, to any county superin- 
tendent, over the hignature of a complainant, against any 
teacher in the superintendent's district, affecting his moral 
character, learning or ability to teach, the county superintend- 
ent shall give to such comj)lainant, the teacher and the district 
board by whom he is employed, at least ten days' notice in 
writing" of the time and place when and where he will hear the 

5 



66 Certificates and Examinations. 

same, which shall in all cases contain a statement of such 
charges. At the time and place fixed in such notice, he shall 
proceed to hear the proofs on either side, and may administer 
oaths therefor, and give the accused a reasonable opportunity 
to defend himself, and if he shall find the charges sustained and 
sufficient, he may annul his certificate. Such annulling of a 
certificate shall not disqualify a teacher until notice thereof, 
containing the name, date, and reasons therefor, shall be filed in 
the office of the town clerk, and a copy thereof delivered to the 
clerk of the district in which such teacher is employed. 

Immoral character, deficiency in learning, or inability to 
teach, is cause for the annulment of a teacher's certificate. 
The superintendent should listen to complaints made under 
these heads, and upon presentation of specific charges, he should 
file copies of the complaint with the teacher and with the dis- 
trict board, and name a suitable time and place for pursuing 
the inquiry formally. If the charges be sustained by convinc- 
ing evidence presented by the complainant, and the rebuttal 
made by the teacher fail to exculpate him, the superintendent 
may annul the teacher's certificate. In case of a charge of de- 
ficiency in learning, the superintendent may re-examine after 
suitable notice, and may annul the certificate for cause ; and in 
case of charge of want of ability to teach, the superintendent 
should inspect the school. If he find the charges well founded 
he may advise the board to discharge the teacher, or he may 
proceed as directed in the comments under section 451. In all 
steps taken the superintendent is a judge, the teacher is de- 
fendant, and the complainant should sustain his charge by con- 
vincing proof. Any annulment of a certificate is subject to ap- 
peal and to reversal by the state superintendent. 

State certificates — ^ Section 454. The state superintendent 
shall, before the second Wednesday of August in each year, ap- 
point three competent persons, residents of this state, who 
shall constitute a board of examiners. Said board shall meet 
at the capitol once or more each year, at such times, and also 
at such other places as the state superintendent shall prescribe, 
for the examination of all applicants for state certificates; pro- 
vided, the state superintendent is hereby authorized to examine 
principals of high schools and of free high schools who shall 
have been elected superintendents of the city schools containing 



Certificates and Examinations. 67 

such high school, and to gra^it certificates to successful candi- 
dates, valid for one year, and in a single locality. The state 
superintendent shall prescribe the manner of making applica- 
tion, of conducting and managing such examinations, reporting 
the results thereof, and with the advice of the examiners, in 
what branches of study in addition to those fixed by law, 
the applicant for an unlimited state certificate shall be exam- 
ined. 

(^ualiflcatioiiS for — Section 455. To entitle an applicant to 
a limited state certificate, the examiners shall be satisfied, and 
shall report to the state superintendent that he posesses the req- 
uisite scholarship in all the branches of study required for a 
first grade county certificate, and also in mental philosophy and 
English literature. To entitle him to an unlimited state certifi- 
cate they shall be satisfied and report that he possesses the req- 
ui-^ite scholarship in all the branches above named, and in all 
such others as shall have been prescribed. Each applicant shall 
furnish to the state board of examiners such evidence as the 
board may require of good moral character, experience, and suc- 
cess in teaching, and upon the recommendation of the board the 
state superintendent shall issue to each successful applicant 
such certificate as is awarded by the report of the examiners. 
A limited state certificate shall qualify to teach in any public 
school in the state without further examination for five years 
from its date, unless sooner annulled. An unlimited state cer- 
tificate shall qualify to teach without any further examination, 
in any public school in the state, until the same is annulled. 

B,ecord of examination — Section 456. The state superin- 
tendent shall record the date of each certificate, and the name, 
age and residence of the person to whom issued; and he shall 
preserve on file in his office all papers relating to the examina- 
tion of applicants for state certificates. 

Certificates, how revoked — Section 457. Any state cer- 
tificate may be revoked by the state superintendent for incom- 
petency or immoral conduct ; but before any such revocation, 
the holder shall be served with a written statement of the 
charges against him, and shall have an opportunity for defense. 

Pay of exaniioers — Section 458. There shall be paid out 
of the state treasury to each examiner appointed as aforesaid, 
five dollars per day for all time actually and necessarily spent 
in going to, holding and returning from any such examination, 
and all his actual and necessary expenses therein to be fixed 
and certified by the state superintendent. 

Certificates are granted on examinations conducted by oral 
and written questions, and the filing of evidence of moral 



C8 Certificates and Examinations. 

character and of successful teaching. Stationery is furnished 
and no fee is charged for certificates. 



LIMITED CEBTIFICATES. 

The requirements for these certificates are that each candi- 
date should pass a satisfactory examination on all the branches 
required for a first grade certificate, (see section 450), and in 
addition, on mental philosophy and English literature. Satis- 
factory evidence of success in teaching for at least twelve 
months is also required. 

Candidates are allowed to write at three successive sessions 
of the board of examiners, to complete the work. 



UNLIMITED CERTIFICATES. 

In addition to the examioation provided for limited certifi- 
cates, candidates for unlimited certificates must pass a satisfac- 
tory examination in botany, political economy, history of edu- 
cation, zoology, general history, and in geology, or chemistry, 
or astronomy, as the applicant may choose. Latin may be sub- 
stituted for the critical study of English literature. They must 
also furnish evidence of having taught successfully at least 
twenty-four months. 

City superintendents are frequently authorized by charters to 
examine and issue certificates to all teachers employed in the 
city. If elected to the principalship of schools the city super- 
intendent may find it difficult to qualify under other statutes. 
This secti()n authorizes the state superintendent to examine and 
issue a certificate without convening the board of examiners. 
Principals should apply for direction before entering upon ser- 
vice. 

State certificates, college, uuiversitj , or normal school 
diplomas may be countersigned — Section 458a. 1. The teach- 
ers' certificates granted by other states which are fully and 
fairly equivalent to the Wisconsin unlimited certificate, may be 
countersigned by the state superintendent upon the recom- 



Certificates and Exominations. 69 

mendation of the state board of examiners. The holder of such 
certificate shall furnish evidence of learning and good moral 
character, experience and success in teaching, as is required 
for the unlimited certificate. 

2. The state superintendent is hereby authorized to counter- 
sign diplomas granted upon the completion of a regular collegi- 
ate course of the University of Wisconsin, or upon the comple- 
tion of the full course of any Wisconsin state normal school. 
No diplomas shall be countersigned except the holder thereof 
shall furnish evidence satisfactory to the state superintendent 
of good moral character and one year's successful teaching in a 
public school. The certificate granted upon the completion of 
the elementary course of any Wisconsin state normal school may- 
be countersigned by the state superintendent. When counter- 
signed it shall have the force and effect of a limited state cer- 
tificate in this state; but no such certificate shall be counter- 
signed unless satisfactory evidence be furnished the state super- 
intendent of good moral character and successful experience in 
teaching a public school for eight months after the date of its 
issuance. Provided, that a limited state certificate and a cer- 
tificate from the elementary course of the normal schools shall 
not qualify the holder as principal of a free high school having 
a four years' course of study. 

3. The holder of a diploma granted by any incorporated col- 
lege or university, whose regular collegiate courses are fully 
and fairly equivalent to corresponding courses in the University 
of Wisconsin, and the holder of a diploma granted by a state 
normal school whose course of study is fully and fairly equiv- 
alent to the courses of study in the Wisconsin normal schools, 
may present such diploma, together with evidence of the re- 
quired standing of the college, university or normal school 
granting the same, to the state board of examiners. The ap- 
plicant shall furnish therewith testimonials of good moral char- 
acter and of two years' successful teaching in a public school 
after the date of issue of said diploma. The holder of a diploma 
recommended favorably by the board shall be entitled to receive 
an unlimited state certificate. The holder of a diploma upon 
which a state certificate has not been issued, and which was 
granted upon the completion of a course of study accredited as 
herein provided, may be given a special license by the state su- 
perintendent to teach for two years in a public school, upon the 
recommendation of the state boai'd of examiners made in pur- 
suance of such examination as to learning, moral character and 
ability to teach as said board may require. 

4. All diplomas and life certi'icates provided for in the three 
preceding sections, when countersigned, shall have the force 
and effect given by law to the unlimited state certificate. 



?0 Certificate.^ and Examinations. 

5. Any state certificate, or its equivalent, may be revoked 
by the state superintendent for incompetency or immoral con- 
duct; but before any such revocation the holder shall be served 
with a written statement of the charges against him, and shall 
have an ojoportunity for defense. 

Milwaukee lii^h school diplomas — Section 4586. After 
any person has graduated from the Milwaukee high school and 
normal department thereof, and shall hold a diploma from the 
school board of Milwaukee, certifying to these facts, and shall 
have successfully taught five years in a public school in this 
state, the state superintendent shall have the authority to coun- 
tersign the diploma of such teacher after such examination as to 
moral character, learning and ability to teach as to the said 
sunerintendent may seem proper and reasonable. 

2. The diploma of such graduate, countersigned by the state 
superintendent as aforesaid, shall be evidence of the qualifica- 
tions of such graduate to teach in any common school in this 
state, and shall have the force and effect of an unlimited state 
certificate. 

Diplomas from the kinclergarten training courses — 

Section 458c. Any diplomas granted by the board of regents 
of noi'mal schools to persons who complete the kindergarten 
training course established by said board in any of the state 
normal schools shall be regarded as certificates legally qualify- 
ing the holders thereof to teach for one year in any kindergarten 
forming a part of the public school system of the state. 

2. Whenever any person has, after receiving the diploma referred 
to in section 1, of this act, taught in a publi3 kindergarten in 
this state one year, the state superintendent may, after such 
examination as to moral character, learning and ability to 
teach, as to him may seem proper, countersign the diploma of 
such teacher, and thereafter such countersigned diploma shall 
legally qualify the holder thereof to teach without further ex- 
amination in any public kindergarten in the state, or until 
the same shall be annulled. 

State superintendent to issue certificates based upon 
diplomas from the state university and the state normal 
schools — Section 458f?. Any person holding a diploma granted 
upon the completion of a regular collegiate course of the uni- 
versity of Wisconsin, or upon the completion of the full course 
of any state normal school in this state, upon presentation of 
the same to the state superintendent shall be entitled to receive 
from that officer a certificate which shall authorize the person 
receiving the same to teach in any public school in the state for 
one year. In like manner the holder of a certificate granted 
upon the completion of the elementary course of any Wisconsin 
state normal school, not countersigned by the state superintend- 



Certificates and Examinations. 71 

ent, may present such certificate to the state superintendent 
and thereupon receive a certificate which sliall be a license to 
teach 'in any public school in the. state for the period of one 
year, in which such elementary certificate would authorize the 
holder to teach if countersigned by the state superintendent. 
The state superintendent is hereby authorized and directed to 
issue the certificates herein provided for, and when issued the 
same shall have the force and effect of a legal license to teach 
in the public schools required to be obtained before entering 
into contract as a teacher with any school officers in this state. 

The above sections cover all points relating to the counter- 
signature of diplomas and state certificates and the issuance of 
licensiis and certificates by the state superintendent. The testi- 
monials sent must be originals, not copies, and the statements 
made in regard to successful teaching, if the holder has taught 
since graduation, and moral character must be clear and specific. 
The testimonials in cases where countersignature is desired 
should be signed by a majority, at least, of the members of the 
school board under whose supervision the applicant has taught, 
or in cases where the teaching has been done under the super- 
vision of a city superintendent of schools the signature of the 
superintendent alone is sufficient. A copy of the testimonial 
sent should be kept by the applicant, since the original must be 
filed among the records of the state superintendent's office. 



TEACHER S MONTH AND LOSS OF TIME. 

School month — Holidays — Section 459. In settlement 
for wages between teachers and district boards, and other em- 
ployers of teachers in the public schools, twenty days of teach- 
ing shall constitute a school month, unless it be otherwise speci- 
fied in the contract, and all legal holidays occurring on school 
days shall be counted, although no school be taught; but school 
taught on a legal holiday shall not be counted for two school 
days, and no Saturdays shall be counted. The district board 
may, in their discretion, give to any teacher employed, without 
deduction from his wages therefor, the whole or any part of his 
time spent by him in attending the sessions of any institute 
lield in the county, embracing the school district or any part 



72 The School Register. 

thereof, upon such teacher's furnishing to the district clerk, to 
be filed by him, a certificate of regular attendance on such in- 
stitute, signed by the person conducting the same. 

School boards and teachers should take notice that the teach- 
er's month is always twenty days, unless otherwise specified in 
the contract; also, that no Saturdays, but all legal holidays are 
to be counted. The legal holidays are named in the comments 
on section 462, and whenever any legal holiday shall fall on 
Sunday, the succeeding Monday is a legal holiday 

It is recommended that school boards exercise the power given 
in this section, and allow teachers to attend institutes without 
deducting the time. The certificate of attendance required by 
the law should be surrendered to the clerk before an order for 
wages is drawn. 



THE SCHOOL REGISTER. 

School register, how kept — Section 460. Every teacher 
employed by a district board shall enter in the school register 
the names, ages and studies of all scholars attending school, and 
daily their attendance and absence, and such other facts as the 
county superintendent or state superintendent may require; 
which register the teacher shall deliver to the clerk at the time 
he shall cease to be employed by such district, or at any other 
time when the same may be required for the use of the district 
board; and the teacher shall make in writing, and transmit to 
the district board, or to the county superintendent, a report 
concerning any matter relating to his school, in such form and 
manner as the board or superintendent may prescribe, and any 
teacher who shall wilfully neglect or refuse to make Ihe proper 
entries in the school register as above required, shall forfeit his 
wages for teaching during the time of such neglect or refusal. 



It is the duty of the clerk to furnish the teacher with a register 
(subdivision 5, of section 446), rnd to call attention to the penal- 
ties of wilful neglect or refusal to comply with this require- 
ment. 

A form of school register is given in the appendix hereof 



The School Begister. 73 

(No. 25). Economy will be served if bound books be procured 
fur registers. While registers are not supplied by the state 
superintendent, approved forms may be obtained of firms that 
deal in school supplies. 

The clerk should examine the register during the term to aid 
in securing that accuracy in the method of keeping it that will 
enable him to make a reliable report to the town clerk, and he 
should require the teacher to return the register at the end of 
the term. 



74 ' The County Superintendent. 



IV. THE COUNTY SUPERINTENDENT. 



Duties of — Section 461. It shall be the duty of every 
county superintendent: 

To examine teachers — 1. To examine and license teach- 
ers in his district and to annul certificates as pi'ovided by 
law. 

The purpose of teachers' examinations is to ascertain the at- 
tainments of applicants in the branches set forth in the law, 
and their ability to instruct. Character and conduct are impor- 
tant factors in a teacher's equipment, and so the law restrains 
superintendents from granting certificates to persons known to 
themselves to be immoral. A formal examination into the moral 
character of applicants seems to be impracticable, but superin- 
tendents should be no less alert to save pupils from the con- 
tamination that would result from licensing unprincipled per- 
sons. Applicants that are unknown to the examiner should be 
required to furnish satisfactory evidence that their conduct is 
above reproach. The law wisely forbids the use of religious 
tests, but that sound morality that constitutes the recognized 
rules of life among right thinking people is not sectarian. 

Comments upon certificates may be found under section 450. 

The law sets forth the branches in which applicants must be 
examined, and the different certificates which superintendents 
are authorized to grant. The method of examination is by 
written and oral questions. In the preparation of questions 
care should be observed that they are made to involve principles 
rather than facts, and they should be so framed as to test the ap- 
plicant's ability to develop a subject by correct methods, and to 



The County Superintendent. 7b 

secure to pupils the dLsciplinavy value of the study. They 
should be sufficient in number to constitute an adequate test. 

Superintendents shauld discriminate between the standard of 
attainments in branches of study and the standing in these 
branches. The standard is the examiner's judgment as to the 
ability and scholarship requisite to a teacher. Standing is the 
applicant's attainments in the several braiiches as indicated by 
the examination. 

Care in the formation of the standard required will aid in de- 
termining the plan of examination and the questions to be sub- 
mitted. The sole purpose of examinations is to test the ability 
and attainments of applicants as measured by a required stand- 
ard, and hence some standard is a pre-requisite to intelligent 
work in examinations. If the examiner prefers not to know 
whose papers he examines, he may give each candidate a num- 
ber to be placed upon his paper instead of his name. The pre- 
liminary paper, prepared by the candidate, should show his 
number, which will afford a means of identifying his papers after 
they have been examined and the results determined. Which- 
ever method is adopted, the examiner will not be relieved from 
the duty of justifying his markings when called, upon to do so. 

In conducting the oral examination, the examiner should 
carefully note pronunciation, choice of words, facility of illus- 
tration, and manner of address, with a view to the formation 
of relatively just judgments. The oral examination affords an 
excellent test of a person's ability to impart instruction. All 
applicants deserving certificates should speak the English 
language readily and correctly. 

The law does not require the attainment of any age as essen- 
tial for a certificate. The question for the examiner to deter- 
mine is one of capacity and fitness to perform the duties and to 
meet the responsibilities of a school teacher. These demand a 
maturity of judgment and a soundness of disci'etion not found 
in boys and girls. 

All papers written at examinatians should be preserved by 
he superintendent during the life of the certificate issued 



76 The County Superintendent. 

thereon. A conveniently arranged permanent record of all ex- 
aminations should be kept, which should embrace the names and 
addresses of applicants, their standings and the grade of cer- 
tificates granted to each, with the date of its expiration. 

The examiner should make all arrangements necessary to the 
proper conduct of the examination sufficiently early to begin 
work at the hour appointed in the public notice. Applicants 
should be required to conform to such regulations as will facili- 
tate the work of the examination and make it a true test of 
their qualifications. Every precaution should be taken to pre- 
clude resort to unfair means. 

To visit schools — 2. To visit and examine each district, 
and all the schools in his district, at least once in each year, 
and as much oftener as may be necessary; to inquire into all 
matters relating to the management, course of study, mode of 
instruction, text-books, and discipline of such schools, and the con- 
dition of the schoolhouses, sites and out-buildings and append- 
ages, and of the district generally; to advise with and counsel 
the district boards in relation to their duties, and particularly 
in relation to the construction, warming and ventilation of 
schoolhouses, and the improving and adorning of the school 
grounds, and to recommend to the school officers and teachers 
the proper studies, discipline and management of schools. 

The object of the superintendent's visits is set forth with 
sufficient clearness in the law. It remains for him to make his 
visits helpful to the schools. A formal call of a few minutes 
duration can serve no beneficial purpose, and should not be con- 
sidered a sufficient performance of the superintendent's duty in 
this regard. 

The superintendent should keep a record of his observations. 
The information thus obtained should serve as an aid in passing 
judgment upon the qualifications of teachers, and should also 
form the basis of association work. Without it the superinten- 
dent must necessarily be a stranger to the needs of his schools, 
and will not be able to advise school boards wisely, or to di- 
rect the work of teachers intelligently. 

To direct alterations and repairs — 3. To direct, after 
proper examination, the district board to make any alteration 



The County Supermtendent. ?? 

and repairs which shall in his opinion be necessary to,the health, 
comfort and progress of the pupils, and to abate any nuisance 
in or upon the premises, providing the same can be done at an 
expense not exceeding twenty-five dollars. 

Declare school huiltling' unlit for use — 4. To make an 
order in concurrence with the chairman of the town boai'd in 
which any schoolhouse is situated, which they shall deem unfit 
for school purposes and not worth repairing, declaring such fact 
and reciting the reason therefor. They shall deliver such order 
to the clerk of the district, and transmit forthwith a copy 
thereof to the clerk of the town, and also to the state superin- 
tendent. Such order shall take effect from its date, unless 
within tliirty days after it is delivered to the district clerk the 
same shall be reversed by the state superintendent for cause 
shown, and from the time said order shall take effect, the dis- 
trict shall not share in any apportionment of the school fund 
income for any school kept in any building so declared to be 
unfit for school purposes. 

To report to county board — 5. To report annually to the 
board of supervisors of his county the condition of the schools 
under his supervision. 

To transmit reports of clerks — 6. To receive from the 
town, city or village clerk, the abstracts of the reports of the 
district clerks required to be made by law, and to transmit the 
same to the state superintendent; and before the first day of 
May in each year to transmit to the state superintendent the 
name and post-office address of each town clerk in his district, 
and from time to time such other facts relating to education in 
his district as the state superintendent shall require. 

To conduct institutes — 7. To organize and conduct at 
le2>.st one institute for the instruction of teachers in each year, 
and to advise in all questions arising under the operations of 
the school laws in his district. 

It is made the duty of the superintendent to hold an institute 
each yeai\ Careful preparation should be made for its accom- 
modation. 1 well ventilated and properly warmed room, fur- 
nished with blackboards and a sufficient number of seats to ac- 
commodate all that attend, is indispensable. In the selection of 
the place for holding an institute, care should be exercised to 
choose a place in which a proper building can be secured, and 
ample accommodations obtained for the entertainment of teach- 
ers. 



78 The County Superintendent. 

Notice of the institute should suggest the necessity of bring- 
ing stationery, manuals and text-books. The superintendent 
should strive to secure prompt and regular attendance, and to 
maintain such order and attention as will render the institute 
a model in methods of recitation, instruction and management. 
The superintendent should correspond with the conductor ap- 
pointed to assist him in reference to a suitable program. The 
suggestions which he may make to the conductor should spring 
from his knowledge of the needs of his teachers as shown by 
his examinations and school visitation. The program should be 
published with the notice and should be followed in the actual 
work of the institute. The general scope of the work will be 
outlined by the institute committee. 

To form inspection districts — Examinations to be pnb- 

lic — 8. To divide his district into inspection districts bounded 
by town lines, and containing not more than four towns each, 
when the number of schools in his district, including graded 
schools, shall exceed one hundred and fifty ; but to form not less 
than four inspection districts, if the number of schools is less 
than one hundred and fifty ; not less than three, if the number, is- 
less than one hundred; to hold in each inspection district at least 
two meetings in each year for the examination of teachers, and 
to furnish each district clerk in the same a written notice of 
each meeting, to be posted by him in some conspicuous place in 
his district. Such notice shall contain the names of the town 
embraced in the inspection district to which it relates, and th 
time, place and objects of the meeting. The examination of th 
teachers thus held shall be public, and shall be conducted by 
oral and written questions and answers, which shall be uniform 
in his district. Whenever, for any cause satisfactory to the county 
superintendent, any person desiring a certificate as a teacher 
shall be unable to attend upon such examinations, he may be 
examined at any time fixed by him, and if found qualified by 
law to teach, may receive a certificate of the proper grade, 
which shall remain in force until the next regular examination 
in such inspection district. 

Uniformity in examinations does not mean that the same 
questions shall be submitted to each applicant; but that 
throughout the superintendent's district the tests employed 
shall be as nearly uniform in scope and thoroughness as practi- 
cable. 



The County Svperinte7i.:ent. 79 

Although the certificates granted upon special examinations 
are of short duration, yet they should be based on tests as 
thorough as those required in public examinations. Private ex- 
aminations are avoided by some superintendents by appointing 
a supplementary examination late in the season. Good judg- 
ment will be required to avoid submitting questions that ai-e 
so difficult as to exclude competent, or so slight as to admit in- 
competent persons. 

Superinteiulent to attend convention — Section 461a. 1. It 
shall be the duty of every county superintendent of schools in 
this state to attend annually at least one convention of county 
superintendents, called and held by tiie state superintendent for 
the purpose of consultation, advice and instruction with county 
superintendents of schools upon matters pertaining to super- 
vision ai:id management of public schools. 

Expenses, llOW paid — 2. All actual and necessary expendi- 
tures for traveling from his residence to the place of holding 
the nearest and most accessible convention, and returning 
thereto, and for board and lodging during the time of actual 
attendance on such convention, shall be paid by the county in 
which the superintendent resides, and bills for such expen- 
ses shall be audited and allowed by the several county boards 
of supervisors, upon the presentation of the same with the cer- 
tificate of the state superintendent attached thereto, showing 
that the claimant attended such convention for the number of 
days specified in the bill; provided, not more than one such ac- 
count shall be paid in each year. 

Superintendent not to teach— Section 461 ^». 1. No coun- 
ty superintendent of schools (except as hereinafter provided) 
shall engage in teaching during the term for which he was 
elected, nor shall any person under contract to teach be quali- 
fied to hold the office of county superintendent of schools. 

Xor engage in other pursuits — 2. No county superin- 
tendent of schools shall engage in any profession or occupation, 
nor shall he absent himself from the county or district for which 
he is elected, to engage in any occupation, profession or pur- 
suit during the term for which he is elected, for such time or 
in such manner as to interfere with the proper discharge of his 
duties as superintendent of schools. 

Penalty 3. Any county superintendent of schools who 

neglects or violates any of the'provisions of sub-divisions 1 or 2 of 
this section shall be subject to removal from office. 



80 The County Superintendent. 

When act not to apply — 4. None of the provisions of this 
section shall be applicable to counties in which the salary of county 
superintendent of schools is less than eight hundred dollars per 
annum. 

Where snperintendent may reside — Section 461c. 1. 
Whenever the county seat of any county in this state is located 
in an independent city, with a separate superintendent of 
schools having jurisdiction only in such city, it shall be lawful 
for the county superintendent of schools to reside in such city 
and to keep an o3ice in the public building or other place pro- 
vided for that purpose by the county, notwithstanding such 
county seat may not be under the jurisdiction of the county su- 
perintendent of schools. 

2. Whenever any county in this state shall be divided into two 
superintendent districts, and two county superintendents of 
schools shall be elected in and for said county, it shall be law- 
ful for such county superintefidents of schools to reside at the 
county seat of the county in and for which they were elected, 
and to keep an office in the public building belonging to the 
county, or other place provided for that purpose by the county, 
notwithstanding such county seat may not be within the juris- 
diction of either of such county superintendents of schools. 

County hoards may allow county superintendents' trav- 
eling expenses — Section 461f/. The county board of super- 
visors of each county in this state may allow the county super- 
intendent of schools such sum over and above his salary as 
superintendent, as he shall certify that he has actually expended 
in defraying his traveling expenses when engaged in his official 
duties; provided such reimbursement shall not exceed two hun- 
dred dollars in any one year; such expenses shall be audited 
and allowed by the county board of supervisors at its annual 
meeting in November of each year. 

It is left to the discretion of the board to determine when 
the exercise of the authority conferred by this section will con- 
tribute to the efficiency of the supervision. 

County examination fees and teachers' institutes — 

Section 461e. Any applicant presenting himself for examina- 
tion by any county superintendent of schools for a certificate 
entitling him to teach in the county superintendent's district 
shall, before such examination is entered upon, pay to the said 
county superintendent an examination fee of one dollar. 

2. Any person making application to any county superintend- 
ent for the issuance of a certificate based upon papers written 
in an examination held in another superintendent's district, under 
the provisions of section 450, of this chapter, shall, before the 



The County Super^intendent. 81 

issuance of such certificate, pay to tlie county superintendent to 
whom the application is made an examination fee of one dollar. 

3. Any graduate of a high school making application to any 
county superintendent for the countersigning of his certificate 
of graduation or diploma, under the provisions of section 452a, 
of this chapter, shall, before such certificate of graduation or 
diploma shall be countersigned and delivered, pay to the county 
superintendent to whom the application is made an examination 
fee of one dollar. 

4. All moneys paid to the county superintended under the 
provisions of this act shall constitute an institute fund and 
shall be used under the direction of the county superintendent 
in defraying the necessary expenses, in whole or in part, of 
conducting one or more teachers' institutes annually for the in- 
struction of the teachers in his district in the theory and art of 
teaching in the branches taught in the common schools ; and in 
•compensation for lectures at such institutes by others than the 
conductors and county superintendent. No person shall be em- 
ployed by any county superintendent of schools under the pro- 
visions of this section, as institute conductor or lecturer, who is 
•engaged in publishing text-books or dealing in school supplies, 
or who is an agent or employee of any individual or company 
thus engaged, or who is proprietor or manager of or in anyway 
pecuniarily interested in any teachers employment agency or 
bureau; nor shall the committee on teachers' institutes of the 
board of regents of normal schools approve any such person for 
services in institutes provided for in this section ; nor shall any 
such person be employed as instructor or lecturer in any insti- 
tute supported in whole or in part by the state. 

5. The county superintendent shall annually make and file 
with the county clerk of the county within which he resides a 
statement, verified by his affidavit, giving the names of all per- 
sons examined by him since the beginning of the term he is then 
serving, or since the date of his last statement, together with 
the dates when such persons were examined. He shall also em- 
body in the same statement the names of all persons to whom 
certificates have been issued. upon papers written in another 
superintendent's district, and the dates when such certificates 
were issued, and also the names or all persons, graduates of high 
schools, whose diplomas he has countersigned, together with the 
•dates of countersigning. At the expiration of his term of office 
the county superintendent shall file with the county clerk a 
sworn statement similar to those hereinbefore provided for in 
this section, covering the time from the close of his last regular 
series of examinations to the close of his term, and he shall em- 
body in such statement a summary, giving the number of per- 
sons in each of the three classes herein named and of all theper- 

6 



82 The Couniij Superintendent. 

sons so reported by him to the county clerk during his term of 
office; the amount of fees received by him during his term of 
office, the amount paid out by him, and the amount remaining 
in his hands. And he shall pay over to his successor in office 
all moneys thus remaining in his hands at the expiration of his 
term of office. 

6. All moneys collected by the county superintendent under 
the provisions of this section shall be paid out each year for 
the purposes specified in subdivision 4, of this section, and for 
no other purposes. Each payment shall be entered in a book 
kept by the county superintendent for that purpose, which shall 
be open to public inspection, and be by him delivered to his suc- 
cessor in office, and shall be accompanied by a statement of the 
name of the person to whom the payment is made, and the 
character of the service rendered, or material furnished. No 
money shall be paid for services rendered as an instructor in 
any institute, unless the person rendering such service shall 
hold a certificate signed by the state superintendent, certifying 
that the committee on institutes of the board of regents of 
normal schools approves of said person as a competent institute 
instructor. The said committee on teachers' institutes is hereby 
authorized and directed to prepare annually and transmit to 
each county superintendent in the state a list of persons ap- 
proved by the committee for service in the institutes herein 
provided for. 

7. The county board shall require the county superintendent 
to give bonds with good and sufficient sureties, for the proper 
performance of the duties prescribed by this section, in an 
amount which shall not be less than twice the amount likely to 
be collected and disbursed by him annually under this section. 

County and city superintendents to fnrnish ijforniation 
of Windsor deaf persons of school age — Section 46 If. It 
shall be the duty of each county and city superintendent of 
schools to send to the superintendent of the state school for 
the deaf at Delavan, and to the superintendent of the state 
school for the blind at Janesville, the address of parents, with 
the name and age of each deaf or blind child known to be in 
his county or city, and to inform parents, guardians and cus- 
todians of deaf mutes and blind children in his county or city, 
respecting the several schools for deaf mutes and the blind in 
the state, and the conditions of admission to them; and for this 
purpose, the superintendents of such institutions shall provide 
each such superintendent with sufficient printed information 
and with the names and residences of all deaf mutes and blind 
children known to be in his county or city. And each such 
superintendent shall include in his annual report to the county 
board of supervisors or the city board of education a statement 



The County Superintendent. 83 

of the number of deaf mutes and of blind children of school age 
in such county or city then receiving an education, or the 
number of each not receiving an education, and of the number 
of personal visits he has made during the year upon the par- 
ents, guardians or custodians of such children, to induce them 
to give such children a proper education. 

(Qualifications of county superintendents — Section 461^. 
1. No person shall be eligible to the office of county superin- 
tendent who shall not at the time of his election or appoint- 
ment have taught in the public schools of the state for a period 
of eight months, and who shall not at the time of such election 
or appointment hold a certificate entitling him to teach in any 
public school in the state, or a certificate to be known as a 
county superintendent's certificate, and which shall be issued by 
the state superintendent after examination by, and upon the 
recommendation of, the board of examiners for state certifi- 
cates. 

2. The board of examiners for state certificates shall, at the 
time of holding the regular examinations for state certificates 
now provided for by law, examine all applicants for the county 
superintendent's certificate herein provided for, upon the branches 
upon which examination is now required for a first grade 
county certificate, and also upon school law, upon the organiza- 
tion and management of district schools, and upon the super- 
vision of district schools. 

3. The board of examiners for state certificates shall, in ad- 
dition to the examination now provided for by law, hold in the 
month of July in each year, three examinations simultaneously 
at three different points in the state. The points where such 
examinations shall be held shall be determined by the state 
superintendent, and shall be chosen with reference to the accom- 
modation of applicants in different parts of the state. The ex- 
amination so held shall be for the purpose of examining appli- 
cants for the county superintendent's certificate herein pro- 
vided for. Each of the three examinations shall be held under 
the supervision of a member of the board of examiners, but the 
scope and character of the examination shall be previously 
determined by \he board of examiners and the state superin- 
tendent. Printed questions shall be prepared on each subject 
upon which the applicant is required to be examined, and the 
board of examiners shall examine the papers written by appli- 
cants and shall file all papers so written in the office of the state 
superintendent. 

4. All persons passing the examination prescribed in subdi- 
vision 3, of this section, to the satisfaction of the board of ex- 
aminers for state certificates, and who shall furnish satisfactory 
testimonials of moral character to the board of examiners shall, 



84 The Coufity Superintendent. 

upon the recommendation of the board, receive from the state 
superintendent the county superintendent's certificate, which 
together with the eiglit months' experience in teaching in the 
public schools provided for in subdivision 1 of this section, shall 
constitute a legal qualification to hold the office of county super- 
intendent of schools. It shall also legally qualify the holder to 
teach in any public school in the state for which a first grade 
county certificate is now a legal qualification. Such certificate 
shall remain in foi'ce until revoked by the state superintendent 
in accordance with the provisions of law. 

5. The county clerk shall not place the name of any person 
upon the official ballot as a candidate for the office of county 
superintendent of schools, unless such person shall have filed in 
the office of the county clerk, at least fifteen days before the 
date on which the election is to be held, proof of having suc- 
cessfully taught in the public schools of the state for a period 
of eight monthS; and a copy of the certificate required by this 
section. 

6. The provisions of law for payment of expenses and per 
diem of members of the board of examiners while conducting 
examinations for state certificates, shall extend to the examina- 
tions herein provided for, for the county superintendent's cer- 
tificates. 

7. The provisions of this section shall not operate to dis- 
qualify for re-election any person holding the office of county 
superintendent of schools at the time of its passage, nor any 
person who has at any time held the office of county superin- 
tendent of schools in the state of Wisconsin. 

The certificate pi'ovided for by this section, together with 
-eight months' successful experience in teaching, constitutes a 
legal qualification to hold the office of county superintendent. 
It also legally qualifies the holder to teach in any public school 
of the state for which a first grade county certificate is now a 
legal qualification, and remains in force during the life of the 
holder, unless sooner revoked by the state superintendent. 

An applicant for the county superintendent's certificate will 
be pei-mitted to begin his examination at any regularly ap- 
pointed meeting, but must complete it before the corresponding 
examination in the ensuing year. Within the time herein fixed, 
re-examination will not be required upon branches in which a 
satisfactory standing has been attained. 

Satisfactory written testimonials of moral character must be 
furnished to the examiners at the time of the first examination. 



The County Superintendent. 85 

Atiy one of the following documents entitles its holder to 
teach in any public school in the state, and hence is the certifi- 
cate required by the provisions of the law abc^ve quoted: 

1. The Unlimited Wisconsin State Certificate. 

2. The Limited Wisconsin State Certificate for five years 
from the date of the certificate. 

3. A diploma granted upon the completion of a regular colle- 
giate course of the Wisconsin State University, or of a Wiscon- 
sin state normal school, if countersigned by a Wisconsin state 
superintendent. 

4. An elementary certificate, granted upon the completion of 
the elementary course of study of any one of the Wisconsin state 
normal schools for five years after the dale of countersignature 
by a state superintendent. 

5. Any college or university diploma, bearing the counter- 
signature of a Wisconsin state superintendent. 

6. A special license granted by a Wisconsin state superin- 
tendent, upon recommendation of the state board of examiners, 
authorizing the holder to teach for one or two years in any 
public school in Wisconsin. 

7. A diploma granted upon the completion of the course of 
study of the Milwaukee high school and the normal depart- 
ment thereof, if countersigned by a Wisconsin state superin- 
tendent. 

8. A limited state certificate or a first or second grade county 
certificate countersigned by a Wisconsin state superintendent 
under the provisions of chapter 303, laws of 1882. (Chapter 
303, laws of 1882, has been repealed.) 

9. A state certificate granted by any other state, that has 
been countersigned by a Wisconsin state superintendent. 

10. The county superintendent's certificate, issued by a Wis- 
consin state superintendent in accordance with section 461^ 
given above. 

11. The certificate authorized b}'' section 458f?. 



86 Reports, 



V. REPORTS 



Of district clerks — Section 462. It shall be the duty of 
the district clei'k, between the tenth and fifteenth days of July 
in each year, to make and transmit to the town, city or village 
clerk, a written report, dated on the tenth day of July of such 
year, signed by him and verified by his affidavit, showing: 

Niimljer of children — Who not to he counted — First. 
The number of children, male and female, designated separately, 
over the age of four and under the age of twenty years, resid- 
ing in the district, and the names of their parents, guardians, 
or other persons with whom such children resided, respectively, 
on the last day of June preceding. But no such children resid- 
ing in, held or ca^ed for at any charitable or penal institution 
of this state, shall be included in such enumeration or report. 
And whenever the state superintendent shall receive information 
that any such children have been enumerated in the school census 
of any school-district included in the reports made to him, on 
the basis of which apportionment of money from the school fund 
income is made, he may require from the district clerk or the 
secretary of the board of education of said district a verified 
statement of the whole number of children of school age residing 
in the district not excluded by the provisions of this section in 
such form and manner as the said superintendent may prescribe. 
Unless the certificate herein provided for shall be made, no 
money shall be apportioned for the benefit of said school-dis- 
trict. 

Designation to he separate — Second. The whole number 
of children, males and females designated separately, between 
the ages of four and twenty years, taught in the district school 
during the year, for which such report is made, by teachers duly 
qualified (see section 462a). 

School attendance— ^/wW^. The number attending school 
during the year, under the age of four, and the number over the 
age of twenty years. 

Time school taught — Fourth. The whole time, in days, 
any common school has been taught in the district including 



Reports. 87 

holidays, and the whole number of days such school has been 
taught by teachers qualified according to law, including holi- 
days and the days the teachers may have attended an institute 
during the year while the school was in session, for which no 
deduction in wages was made by the district board. 

Names of teachers, wages, etc — Fifth. The names of all 
teache^^s employed during the year, the number of days taught 
by each; including the holidays, and the monthly wages paid to 
each, and the time allowed any teacher for attendance on any in- 
stitute, for which no wages were deducted. 

Receipts of money — Sixth. The amount of money received 
from the town treasurer during the year, designating sepai'ately 
the amount received from apportionment of the school fund in- 
come, the amount received from tax levied by county board of 
supervisors, the amount received from tax voted by the district, 
and the amount received from all other sources during the year, 
and the manner in which the same has been expended, showing 
separately the expenditure of school money received from the 
state. 

General statistics — SecejUh. Such other facts and statistics 
in relation to the schools, public or private, in such district, as 
the state superintendent may from time to time, require. The 
•clerk of each joint school-district shall report to the town clerk 
of each town, a part of which is embraced in such district, the 
number of children residing ia such part, in the manner set 
forth in this section, and the remainder of the items specified in 
this section shall be embraced in the report made to the town 
in which the schoolhouse is situated. 

Names of children to he taken — Section 462rt. In 
addition to the duties of the clerks of the several school-districts 
of this state, relating to the taking of the census of the school 
children, as now provided by law, the said clerks shall also re- 
port the names of the children in their respective districts, and 
the age of each of them over the age of four and under the age of 
twenty years. Such clerk shall also report the amount of the 
indebtedness of their respective district?,. 

Careful attention should be given to the provisions of this 
Taw. The annual report of the district clerk to the town clerk 
is of special importance, as it forms the basis upon which all 
public money is apportioned and also furnishes the information 
that guides the legislature in subsequent enactments. 

For the purpose of securing accurate and complete informa- 
tion, blanks are prepared by the state superintendent and are 



88 Reports. 

transmitted to district clerics through town clerks. Specific in- 
structions are printed on these blanks to aid in collecting and 
reporting the required items. A thorough study of them 
should be made in connection with the provisions of this law 
prior to making the report. No effort should be spared to ob- 
tain and report every item for which the blanks provide. 

The law requires the name and age of each child who has 
passed the fourth anniversary of his birthday, and has not 
reached the twentieth, to be reported; also the names of their 
parents, guardians or other" persons with whom they resided on 
the last day of June preceding. These are items that can be 
obtained with certainty only by a visit to each family in the 
district. The law requires the clerk to take the census in this- 
manner. In the enumeration of children mere boarders or lodg- 
ers are not to be included; but persons who devote a part of 
their time to service to pay for their board and lodging while the 
rest is spent in attendance at school, and icho have no other legal 
residence^ are considered members of the families with which they 
reside. Children of school age who may be employed for a lim- 
ited time in one district and whose parents reside in another 
district are to be included in the census of the district in which 
their parents reside. Care should be taken that the same 
children are not enumerated in two districts. (See comments 
on sections 428 and 430.) 

The clerk of a joint school district must report in the man- 
ner above stated the number of children of school age residing 
in each part of his district to the town clerk of the town in 
which such part is situated. A partial report blank is furnished 
for this purpose. To avoid reporting the same child to more 
than one town clerk, the census of each part of a joint district 
should be taken upon a separate blank which, when completed, 
should be sent to the clerk of the town in which such part of 
the district lies. In no insta7ice should the whole number of 
children in a joint school-district be reported to any one of the 
toxcn clerks to ichom a report is made. 

Several items are required for the annual report, which are 



Reports. 80 

to be obtained from, the school register, among which are the 
number of children that have attended school during the year, 
the whole number of days school was taught by a legally quali- 
fied teacher, the whole number of days of attendance of pupils 
at school, etc. To facilitate the work of making; the annual re- 
port, clerks should see that the register is properly kept and 
the footings made at the close of the terra. Section 460 pro- 
vides a remedy, resort to which may be had in case the teacher 
I'efuses to perforin his duty. 

The clerk's annual report must contain an exact summary of 
the financial report which section 444 requires the treasurer to 
make at the annual meeting. This report includes all items of 
receipts and all items of expenditures made during the year 
ending on the thirtieth day of June preceding. The proper test 
of Us correctness consists in compjaring the sum of the items of 
receipts vjith the sum of the items of expenditures.. Their difference 
should iqual the amount of money on hand on the date mentioned 
above. Unless this is true, the statement is wrong, and should 
be corrected before transferring it to the report blank. 

Reports should be in the hands of town clerks as early as the 
fifteenth of July. Any failure to make the report within the 
time specified, results in great inconvenience to the officers 
through whose hands it must pass, and subjects the school dis- 
trict to the risk of forfeiture of its claim to public money. 
When the failure to comply with the requirements of the law 
relating to the annual report is due to wilful neglect of the 
clerk, he becomes personally liable to the district for the loss 
suffered in consequence of his neglect. (See section 498.) 

To entitle a district to share in the apportionment of the 
school fund income, it must be shown that at least six months' 
school, of twenty days each, taught by a legally qualified 
teacher, was maintained during the preceding year. Legal hol- 
idays are included. These are New Year's day, the twenty- 
second of February, the thirtieth of May, the fourth of July, the 
day of general (fall) election, Christmas day, and thanksgiving- 
days appointed by national or state authorities. Section 2577, 



90 Reports. 

R. S., provides, that whenever a legal holiday falls upon Sunday, 
the succeeding Monday is a legal holiday. When a legal holi- 
day occurs on Saturday or during vacation, it cannot be counted 
as a day taught. (See comment on section 459.) 

Town clerk's report to county superintendent — Section 
463. Each town clerk shall, on or before the first day of August 
in each year, make and transmit to the county superintendent 
of the county or district in which his town is situated, a re- 
port, bearing date on the tenth day of said month, stating: 

1. The whole number of school-districts separately set off 
within the town, and the number of parts of joint districts in 
which the schoolhouses belonging thereto are located in his 
town. 

2. The districts and parts of districts from which reports 
shall have been made within the time limited for that purpose. 

3. The length of time a school shall have been taught in each 
such district or parts of districts. 

4. The amount of public money received in each. 

5. The number of children taught in each, and the number of 
children over the age of four and under the age of twenty years 
residing in each. 

6. The whole amount of money received in the town for school 
purposes since the date of the last preceding report, setting 
forth separately the amount received from the state through 
the county treasurer, the amount levied by the county board, 
the amount raised by the town at its annual meeting, in towns 
where the township system of school government has been 
adopted. 

7. The amount of money raised by district tax for school pur- 
poses. 

8. The manner in which said moneys have been expended, and 
whether any and what part remains unexpended, with such 
other information as the state superintendent may require, and 
as may be reported to him by the district clerks. 

Blank reports, prepared by the state superintendent, are an- 
nnally sent to town clerks. Such instructions as are needed al- 
ways accompany the blanks. 

In towns which have adopted the "township system of school 
government," the report required in the foregoing section will 
be made by the "secretary of the town board of school directors, 
as provided in section 537 of the revised statutes, upon the 
same blanks as are used by town clerks in other towns. 



Beports. 91 

County superintendent's report to the state superin- 
tendent — Section 464. Each county superintendent shall, on 
or before the fifteenth day of August, in each year, make and 
transmit to the state superintendent a report in writing, set- 
ting forth the whole number of towns in his district, distin- 
guishing those from which the required reports have been made 
to him by the town clerks, and containing an abstract of their 
reports, and also embracing an abstract of the annual report of 
the secretary of each free high school in such district, and of 
each secretary of town board of school directors of towns hav- 
ing the township system of school government, and of the clerk 
of each incorporated village and city under his supervision. 
Each county superintendent shall also, within the time above 
mentioned, make and deliver to the county clerk and to the 
county treasurer a written statement of the whole number of 
children in each town, village and city under his supervision, 
over the age of four and under the age of twenty years, re- 
turned from the districts which have maintained schools for six 
or more months during the past year as appears from the re- 
ports of town clerks. 

The county superintendent must now make his annual report 
by August 15, but is no longer required to file a copy with the 
■county clerk. 

All necessary instructions accompany the blanks annually 
furnished to county superintendents from the office of the state 
superintendent. The greatest care should be exercised in making 
the annual report required by section IfBIf, for it is upon this that the 
annual apportionment is made. 

Reports from cities and villages — Section 465. The city 
clerk of each city, and the village clerk of each specially incor- 
porated village, or the clerk of the board of education of each 
city and village under the jurisdiction of the county superin- 
tendent, shall, within the time prescribed, make and transmit 
to him the reports required by section four hundred and sixty- 
three; and in all cities having a superintendent of schools, and 
which are not under the jurisdiction of a county superintendent, 
such superintendent of schools shall make the annual report re- 
quired by said section directly" to the state superintendent ; 
and in such cities, having no superintendent of schools, such re- 
port shall be made by the cle-k of the board of education 
thereof. 

The clerks of cities (under county superintendents) and of 



9i Reports. 

villages use the same blanks as town clerks, and receive the 
reports of the district clerk or clerks. 

Blanks to be furnished — Section 466. The state superin- 
tendent shall, on or before the first day of June in each year, 
furnish to each clerk, superintendent, or other officer by whom 
a report should be made, blank forms upon which such officers 
shall make their annual reports ; and whenever any amendments 
shall be made to the provisions of this chapter, he shall furnish 
a copy of snch amendments to every school-district in the state- 



Duties of Town Officers. 93 



VI. DUTIES OF TOWN OFFICERS RELATING TO 
PUBLIC SCHOOLS. 



Town clerk's duties — Section 467. Tt shall be the duty 
of the town clerk : 

1. To report to the county superintendent within ten days 
after his election or appointment, his name and postoffice address, 
and likewise the name and postoffice address of each district 
clerk, within ten days after the same are filed in his office. 

2. To see that the annual reports of the several district clerks 
are made correctly and in due form; to file and safely keep all 
reports whatsoever made to him ; and all orders and notices of 
the town board relative to any school-district. 

3. To record such description of school-districts, and such 
orders concerning the organization, alteration or dissolution 
thereof, as shall be made by the town board. 

4. To make and keep in his office a map of the town, show- 
ing the exact boundaries of all the school-districts therein, as ap- 
pear from the records on file; and when a new district is 
formed, to make and furnish a map thereof to the district 
clerk. 

5. To apportion the school money collected by the town, and 
that received from the state for the several school-districts of 
the town, on the third Monday of March each year, or as soon 
as the same shall be collected or received by the town treai'urer, 
to the several districts and parts of districts within the town, 
as provided in these statutes. See form No. 26. 

Further duties of the town clerk in regard to the apportion- 
ment of school money will be found in sections 558 and 559. 

Town treasurer's duties — Section 468. It shall be the 
duty of the town treasurer: 

1. To apply for and receive from the county treasurer all 
moneys apportioned for the use of common schools in his town, 
and to pay the same, together with all moneys collected in the town 
for the support of the schools, to the treasurers of the districts 
entitled to receive them, upon the order or apportionment of the 
town clerk. 



94 Duties of Toicn Officers. 

2. To pay to the district treasurer, oii demand, all school dis- 
trict taxes raised in each district and collected by him, and the 
amount of all school-district taxes returned to the county treas- 
urer of his county as delinquent, whenever the same shall have 
been paid to him by said county treasurer, or whenever he shall 
receive credit from the county treasurer for such delinquent tax 
or any part thereof, on account of any demand or claim due from 
such town to such county. 

3. On or before the second Monday of March in each year, to 
certify to the town clerk the amount of school money in his 
hands to be apportioned by said clerk, and immediately upon 
the receipt of any money from the school fund ancoxne to certify 
the same to the said clerk for apportionment. See form No. 27. 

-t. On the last Monday in June in each year to make and. 
forward to the clerk of each school-district, in whole or in part 
in his town, a certified statement of the amount of money paid 
by the town treasurer during the year next preceding to such 
district treasurer, specifying the date and amount of, and the 
account upon which each such payment was made. 

5. If the county treasurer shall neglect or refuse to pay over 
the school money which by law should be paid to the town treas- 
urer, he shall commence and prosecute an- action on the official 
bond of such county treasurer for the recovery of such money. 

The town treasurer will hold, subject to the order of the sev- 
eral district treasurers of his town, all district taxes collected 
by him. Also, all money raised by taxes levied upon the town 
by the county b(;ard of supervisors, and all money raised by the 
town in addition thereto, and pay the same over to the several 
district treasurers, according to the apportionment made by the 
town clerk under the law. He will also receive from the county 
treasurer the amount apportioned by the state superintendent 
to his town, out of the income of the school fund, and pay the 
same over to the district treasurers according to the apportion- 
ment made by the town clerk. The town treasurer will also re- 
ceive all money paid on acc^ount of delinquent taxes, and pay 
the same over to the proper district treasurers. No school 
taxes except district taxes will be returned, if the law is com- 
plied with. 

It is the duty of the town treasurer to notify the town clerk 
of any money which he hold« subject to apportionment by said 



Duties of Toivn Officers. 95 

town clerk, and to inform district treasurers promptly of any 
funds in the town treasury belonging to the respective districts. 

District treasurers are not required to accept any taxes or 
school funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the second 
Monday in March, in each year, mu^t state specifically the sev- 
eral amounts received from town and county tax, and the amount 
of income unapportioned which remains in the town treasury; 
it must also include any money apportioned the previous year, 
which has not been paid over to the district treasurers. Refer- 
ence is here made to section 557. 

The purpose of the certified statement to the district clerk of 
the amount of money paid by the town treasurer during the 
year next preceding, to the district treasurer, is to give the 
district clerk the data upon which settlement with the district 
treasurer can be made in time for report at the annual meeting. 
As the annual meetings are now held on the first Monday in 
July, the statement should be furnished earlier. 



56 ISrJiool-District Taxes. 



VII. ASSESSMENT AND COLLECTION OF 
DISTRICT TAXES. 



Assessment, how made— Section 469. All school-district 
taxes, unless otherwise specially provided by law, shall be as- 
sessed on the same kinds o£ property as taxes for town and 
county purposes; and all personal property which, on account 
of its location or the residence of its owner is taxable in the 
town, shall, if such locality or residence be in the school-dis- 
trict, be likewise taxable for school-district purposes. 

f Yaliiation of real estate —Section 470. Whenever any 
real estate in any school-district shall not have been separately 
valued in the assessment roll of the town, and the valuation of 
such real estate cannot be definitely ascertained from such as- 
sessment roll, the town clerk shall estimate the value of the 
same in proportion to the valuation affixed in said assessment 
roll to the whole tract of which such lot or piece of land forms 
a part. 

Assessment in joint districts — Section 47]. In case of a 
joint district, the town assessors of the towns in part embraced 
therein shall meet at the district schoolhouse on or before the 
Saturday next preceding the time fixed for the return of the as- 
sessment rolls, and shall then compare the valuation of taxable 
property in the several parts of such district separated by town 
lines, and determine whether the relative valuation be just or 
not; if considered unjust, they shall then determine the relative 
proportion of district taxes to be assessed upon the several 
parts. If they cannot agree upon either of said matters, 
they shall call to their aid the supervisors of the several towns 
so in part embraced; if the assessors and supervisors cannot de- 
termine the question, they shall call to their aid the chairman 
of an adjoining town, whose vote shall decide the controversy. 
The determination when made shall be certified in writing to 
the district clerk. If any assessor or supervisor shall refuse or 
neglect to act when called on as above provided, he shall forfeit 
twenty dollars. See form No. 29. 

Statement to be made by district clerk — Joint districts 

— Section 472. Each district clerk shall, on or before the third 



School District Taxes. 97 

Monday of November, in each yeai', deliver to the town clerk a 
statement in writing, verified by his affidavit, showing the 
amount of taxes voted to be raised at the last annual meeting, 
or at the first meeting after the organization of the district, or 
both, as the case may require, and all of the taxes voted at any 
special meeting held during the then next preceding year, and 
also the amount of tax therefor voted to be collected in such 
year, if any, for the annual payment of any loan, and also the 
amount to be paid by such district, if any, under the provisions 
of section 421 of this chapter. In case of a joint district, he shall 
deliver to the town clerk of each town in which any part of the dis- 
trict is situated, a statement so verified showing the proportion of 
such taxes to be assessed in that part of the district within such 
town. If such proportion shall not have been determined as pro- 
vided in the last preceding section, it shall be ascertained from 
the valuation contained in the last assessment rolls of the re- 
spective towns; and to that end the town clerk of each such 
town shall, on or before the last Monday in September in each 
year, deliver to the district clerk a certified statement of the 
valuation of the real and personal property in that part of such 
district lying within his town, as the same appears from said 
assessment roll. See forms Nos. 30 and 31. 

How assessment made Iby town clerk — Section 473. The 
town clerk shall assess the taxes so certified, upon the property 
liable thereto, placing the same in a separate column, in the 
next tax roll of his town, whenever so certified, before he shall 
have delivered the roll to the town treasurer for collection, al- 
though after the third Monday of November, if any such shall 
not be assessed in the next tax roll after being voted, it shall 
be assessed in that of the next succeeding year. Such taxes 
shall be collected, or returned delinquent by the town treasurer 
and collected by the county treasurer, in all respects like other 
taxes. 

Upon the delivery to him of such statement, the town clerk 
should give the district clerk a certificate that he has received 
the same, stating the amount of the tax, and the time when re- 
ceived, which certificate should be filed in the office of the dis- 
trict clerk. 



98 Town School Tax. 

TOWN SCHOOL TAX. 

Ill the statutes as newly revised, no authority is to bo found^. 
either in the powers conferred upon towns, or in the school code^ 
under which towns can vote a school tax, except such towns a& 
have adopted the township system. With the general introduc- 
tion of the township system, the local support of schools would 
be a common town charge. Care should be taken not to include 
in the blank for report., in the financial statement of district 
clerks., the amount raised in the toion as county school tax in the 
item, " From- tax levied at annual town meeting. " That item is 
for use only where the township system of school government is 
in use. 



Borrowing Movey. 99 



VIII. BORROWING MONEY. 



When — Security — Section 474. Whenever upon any un- 
usual exigency auy school-district shall, before the annual 
meeting, vote a special tax to be collected with the next levy, 
the district may by vote authorize the district board to borrow 
for a period not exceeding one year a sum not exceeding the 
amount of such tax, and by such vote set apart such tax when 
collectea to repay such loan ; and thereupon the district board 
may borrow such money of any person, and on such terms, and 
execute and deliver to the lender such obligation therefor, and 
such security for the repayment, including a mortgage or pledge 
of any real or personal property of the district, subject to the 
directions contained in the vote of the district, as may be agreed 
upon and not prohibited by law. 

The district may, at any time before the annual meeting, 
upon any unusual exigency, vote a special tax to be collected 
with the next levy (notice of such purpose being duly given, as 
provided in " section 427), and the district may authorize the 
board to borrow the same amount for immed.aie use. 

How hoard authorized to horrow for huilding purposes 

— Section 475. For the purpose of aiding in the erection of a 
schoolhouse, any school-district may by vote at any annual or 
lawfully called special meeting authorize the district board 
to borrow money. The resolution to be voted on shall be in 
writing, specifying the amount to be borrowed, the rate of in- 
terest and the time and manner of payment, which shall be in 
annual installments, the last of which shall be payable in not 
exceeding ten years from the first day of February next ensu- 
ing. Such resolution shall be read to the meeting and the vote 
taken thereon by ballot. The ballots shall be written or print- 
ed: those in favor, "for the loan;" those opposed, "against the 
loan. " The resolution and the vote shall be recorded, and if 
adopted by a majority, the district board shall be thereupon 
authorized to borrow such sum of any person, on such terms, 



100 Borroiving Money. 

and execute and deliver to the lender such obligation therefor 
and such security for payment, including a mortgage or pledge 
of any real or personal property of the district, subject to the 
direction contained in the resolution voted, as may be agreed 
upon, not prohibited by law, and shall also levy a tax to be an- 
nually collected thereafter sufficient to pay the interest annu- 
ally on such loan, and the annual installment of the principal, 
provided to be paid in each year. 

Application of borrowed money — Section 476. The money 
borrowed under authority of either of the last two preceding 
sections shall be paid into the district ti^easury, and be, ex- 
pended only for the purposes for which it was voted or borrowed. 
After any such loan shall have been made, no power shall exist 
to rescind or reconsider any such vote, or oDstruct the collection 
of such tax; and the district treasurer shall apply every such 
tax, when received by him, exclusively to the payment of such 
debt, so far as necessary to discharge the amount to which such 
tax w^s devoted. 

The special provisions of the law as to borrowing money to 
aid in building a schoolhouse, should be carefully examined and 
complied with; likewise those contained in the last preceding 
section, which apply to both the sections preceding it. Par- 
ticular cai^e should be taken to notify the electors, as provided 
in section 427, and every opportunity should be given for a fair 
and full expression of the will of the people. 

The resolution to be voted on at the meeting should be care- 
fully drawn up, and the collection of a direct annual tax suffi- 
cient to pay the interest on the debt as it falls due, and also to 
pay and discharge the principal within twenty years (ten years 
if the money is to be borrowed from the state trust funds) of 
the time of contracting the debt must be provided for by the 
electors at the meeting. The district board has no authority 
to levy a tax except as provided in section 437. 

1. Refunding indebtedness— Section 476a. Any school- 
district may, by vote at an annual or lawfully called special 
meeting, authorize the district board to borrow money for the 
purpose of refunding its indebtedness upon loans previously 
made. A written i^esolution shall be presented and read at 
such meeting, specifying the amount to be borrowed, the rate 
of interest, and the time- when each installment of principal 
shall be paid and the amount of each installment; the last in- 



Borrowing Money. 101 

stallment of principal, however, shall be payable in not exceed- 
ing twenty years from the time the indebtedness was originally 
contracted. The vote on such resolution shall be taken by 
ballot. The legal voters favoring the adoption of such resolu- 
tion shall cast a ballot on which shall be the words, " for the 
loan;" those opposed shall cast a ballot on which shall be the 
words, "against the loan." If a majority of the votes cast are- 
in favor of the loan, the district board shall be thereupon, 
authorized to borrow such amount from any person or persons, 
on such terms as may be agreed upon, not in conflict with the- 
directions contained in such resolution, and not prohibited by 
law; and the board shall execute the bonds or other obliga- 
tions of the district, in such sums not exceeding the amount sO' 
voted as to the board shall seem best, and deliver the same to 
the person or persons lending such money. The district shall 
also levy a tax to be collected annually thereafter sufficient to 
pay the annual interest on such loan, and the installments of 
the principal to be paid in any year. 

Tote not to be rescinded — Tax, how applied — 2. After 
any such loan shall have been made, such vote shall not be re- 
scinded or reconsidered, nor shall the collection of such tax be 
obstructed, and the tax when collected shall be applied exclu- 
sively to the payment of such indebtedness. 

Money, how nsed — 3. The money borrowed by authority 
of this section shall be paid into the district treasury, and 
shall be expended solely for the purposes for which it was bor- 
rowed. 

This law relates only to refunding loans previously made, not 
to loans made in the first instance by school-districts, and 
authorizes such districts to extend the period for twenty years 
during which the loan is to be paid. 

The law governing loans is embraced in the following; 

sections: 

Conditions of loans to school-districts — Section 261, 
Every loan to a school-district may be made for such time not 
exceeding ten years and of such amount which together with all 
other inaebtedness of such district shall not exceed five per centum 
of the last preceding assessed valuation of the real property in 
such district and not exceeding in any case ten thousand dol- 
lars, as may be agreed upon; the principle shall be payable in 
equal annual installments from a time fixed by said commis- 
sioners, with interest at the rate of six per centum annually in 
advance. No srch loan shall be made until proof be filed in the 



102 Borroiving Money. 

office of said commissioners, of the complete performance on the 
part of such district of each and every act hereinafter required 
to precede the same; provided, that the amendment herein con- 
tained shall not apply to loans heretofore made. 

Terms and conditions — The commissioners of public lands 
of the state of Wisconsin are hereby authorized and empowered 
'iMi^T to loan the trust funds of the state at a rate of interest not less 
thg^'-frvie per centum per annum; provided, all such loans shall 
)e made in accordance with the provisions of chapter 17 of the 
revised statutes and the several acts amendatory thereof. 

Application for loans hj school districts — Section 262. 
Before applying for such loan, every school-district shall au- 
thorize such application by a vote of a majority of the legal 
voters of said district voting on such question; and if at a spe- 
cial meeting, the object of such meeting shall be clearly stated 
in the notice thereof, and such district shall not thereafter re- 
scind said tax, reconsider such vote, or in any wise hinder, de- 
law or postpone the levy and collection of the tax so voted, and 
shall not expend the money so raised or loaned for any other 
purpose. Application for such loan shall be made by the dis- 
trict board of such school-district in writing, stating the 
amount required, the assessed valuation of the taxable real prop- 
erty of such district, and the total assessed valuation of the 
taxable property of such district as shown by the last assess- 
ment roll; and if such district be a joint district, such assessed 
valuation in its several parts separately, so that the valuation 
of so much thereof as lies in each town of which it is a part 
may be readily known; and the total amount of all the other in- 
debtedness of such district and the facts in detail in respect to 
the holding of the meeting and passing the votes required as 
aforesaid, and shall be accompanied by a connect map or plat of 
such district. Such application and map shall be recorded in 
the office of said commissioners; and such application and the 
record thereof aiid such statement shall be conclusive evidence 
of the facts therein stated. All such applications shall be acted 
upon by the said commissioners in the order of time in which 
they shall be filed. 

Loans to schools nnder township system— Section 262a. 
1. The boar-d of school directors of any town in which the town- 
ship system of schools exists may oorrow money from the trust 
funds of the state for the purpose of building a schoolhouse, 
or schoolhouses, and the commissioners of the public lands are 
hereby authorized to loan money from the trust funds of the 
state to the board of school directors of any town in which 
the township system of schools exists, upon their compliance 
with the following rules and regulations: 



Borroiving Money. 103 

1st. If at an annual meeting of the electors of .such town a 
resolution shall be voted on by ballot and adopted, authorizing 
the said town board of school directors to make application to 
the commissioners of the public lands therefor, stating the 
amount to be borrowed and the time of payment. 

2d. Such authorization may be given such town board of 
school directors by a special meeting of such electors, called in 
the same manner as special town meetings are provided to be 
■called by the revised statutes. 

General laws to apply — -2. After such authorization shall 
be given, the whole matter of such loan, both as to amounts and 
time of payment, as well as all other matters pertaining to 
same, shall be governed and controlled by the general law gov- 
erning loans from the trust funds of the state to school-districts, 
found in sections 261, 262 and 263, of the revised statutes, ex- 
cept that the application shall be made and signed by the pres- 
ident, vice-president and secretary of such board, and the notes 
given as evidence of such debt shall be signed by the same three 
officers. The town treasurer shall receive and receipt for the 
moneys received on such loan, and pay it out as other moneys 
belonging to such township district for the purposes as pro- 
vided for in section one of this act. 

Property liable for loans — Change of boundaries — 
Taxes — Joint districts — Duty of officers — Section 263. 
All the taxable property in any school-district, which has here- 
tofore obtained or shall hereafter obtain any loan from the state, 
shall stand charged for the payment of the principal and inter- 
est thereof; and the boundaries of such district shall not be so 
altered as to exclude therefrom any land included therein at the 
time of making such loan, until such loan shall be fully paid, 
without the consent of said commissioners and upon such tez-ms 
as they shall prescribe; and there shall be annually levied upon 
the taxable property of such district, besides all other taxes, a 
tax sufficient to pay the annual interest, and annual install- 
ments of principal, of such loan, as hereinafter provided. 
Whenever a joint school-district shall make any such loan, the 
clerk of such district shall notify, in writing, the town clerks of 
the several towns of which such district is composed, of such 
loan and the terms thereof; and thereafter the town clerk of 
each town shall on or before the second Monday of September in 
each year, until such loan be paid, transmit to the secretary of state 
a statement certified by him of the valuation of all taxable property 
belonging to that part of such district which lies in his town ac- 
cording to the last assessment roll ; or, if the same shall have been 
equalized, as provi(led in section four hundred and seventy-one, 
such equalized valuation thereof. The secretary of state shall 
in every year furnish to the county clerk of each county, in 



104 Borrowing Money. 

which lies any such school-district or part of district from which 
any such payment is to become due, the amount to be levied 
upon such district, or, if a joint district, upon each such part 
of such district as lies in any town in such county, at the same 
time that he furnishes that officer a statement of the state tax. 
In apportioning such tax to the parts of a joint school-district 
lying in separate towns, the secretary of state shall take as the 
true valuations the valuations of the taxable property stated in the 
application for such loan, until amended by the certified statements, 
aforesaid of the town clerks of all the towns in which such joint dis- 
trict lies. The county clerk, on receiving such statement, shall 
include the amount due from such district or part of district in 
his apportionment of state taxes to the town; but it shall be 
carried out in a separate column, and the district from which 
it is due shall be specified. The town clerk shall charge and 
carry out such amount on his tax roll to the district or part of 
district to which it belongs, in a separate column, and the tax 
shall be collected and paid over with and in the same manner as 
the state tax. 



Schoolhouse Sites. 105 



IX. ESTABLISHMENT OF SCHOOLHOUSE SITES. 



How obtained — Section 477. Whenever a school-district 
shall have designated by a majority vote of the electors thereof 
present at an annual meeting, or at a special meeting called for 
that purpose, a schoolhouse site, or an addition thereto, and 
shall be unable to obtain the same on account of the refusal of 
the owner to sell or lease the same for a just and reasonable 
compensation, or on account of his being a non-resident, or 
unknown, the district board, when directed so to do by a vote 
of the electors of such district meeting, shall make application 
to Ihe town board of their town to locate and establish the site, 
or any addition thereto, so designated. 

Notice to lantl-owners — Section 478. Whenever any such 
application shall be made to the town board, said board shall make 
and sign a notice in writing of such application, containing a des- 
cription of the land upon which it is proposed to locate such a site 
or addition, and the time and place when and where they will meet 
to decide upon the same. Such notice shall be served or caused 
to be served by the district clerk, upon all the occupants of such 
land, and all the owners thereof who are known and are residents 
of this state, at least six days previous to the day fixed for such 
meeting. Such notice shall be served by delivering a copy thereof 
to each such occupant and owner, or by leaving the same at their 
respective residences, with some person of suitable age and dis- 
cretion ; and if the owner or owners of said land be unknown to 
said board, or shall reside without this state, then such notice 
may be served by publishing the same in the newspaper pub- 
lished nearest said land, once in each week for six successive weeks 
next before the said day of meeting. 

Compensation, how made — Section 479. The town board 
shall meet at the time and place fixed in said notice, and upon 
due proof of the service or publication of said notice, they shall 
locate and establish such site or addition for said district. 
They shall cause an accurate survey and description thereof to 
be made, and fix and award the compensation to be made to the 
respective owners for the same, including all damages respect- 
ively sustained by such owners by reason of such taking of said 



106 Schoolhouse Sites. 

lands, and within ten days thereafter make out and sign duplicate 
certificates, containing a statement of their action upon such ap- 
plication, an accurate description of the land taken, and the amount 
of compensation and damages awarded to each of said owners, one 
of which shall be delivered tc the occupant or owner of the lands 
so taken, if known, and a resident of this state, and the other, 
together with the proofs of publication or service of said notice 
and such survey, to the clerk of said district, who shall cause 
said certificate to be recorded in the office of the register of 
deeds of the proper county; provided, that said board may, in 
their discretion, before agreeing upon their award, adjourn from 
time to tiir.e, not exceeding in all ten days. 

Payment, liow made — Section 480. The sum of money so 
awjtrded by said board shall be paid to the owner of the land 
upon which such site or addition is located, or in case the 
owner is a non-resident or unknown, or refuses to accept the 
money, it shall be deposited with the treasurer of the district 
to the order of the owner of said land ; said district shall not 
occupy said land without the consent of the owner thereof, un- 
til such money shall be paid, tendered or deposited as aforesaid. 

Appeal from award, liow taken and tried — Section 481. 
Any person aggrieved by the decision of the town board, in the 
award of damages or otherwise, may, within twenty days after 
filing their duplicate certificate with the clerk of such district, 
appeal therefrom to the circuit court of any county in which 
such site or addition, or any part thereof, is situated, by filing 
with such clerk a notice of appeal, specifying all the grounds of 
his appeal, and paying to such clerk one dollar for state tax and 
one dollar for making returns thereto. Within twenty days 
thereafter, such district clerk shall deliver to the clerk of said 
circuit court a certified copy of such certificate, together with 
such notice of appeal with the date of service thereof indorsed 
thereon, and pay to him one dollar state tax; and thereupon the 
clerk of said court shall enter an action in his court record, in 
which the said appellant shall be plaintiff and the school-district 
defendant. The issue in said action shall be the legality of all 
the proceedings taken by the school-district and town board in 
taking the lands of the plaintiff for such schoolhouse site or ad- 
dition thereto, which are set forth in the notice of appeal as 
grounds therefor, and the amount of compensation and damages 
to which he is entitled therefor. Such issue shall be tried with- 
out further pleadings, as other issues of fact are tried, and judg- 
ment thereon be rendered and enforced as in other personal ac- 
tions in such court; provided, that when the legality of the 
proceedings is not made an issue, or is sustained, and the plaint- 
iff does not recover a larger sum for damages than was awarded 
to him, he shall not recover, but shall pay costs. 



Schoolhouse Sites. 107 

Not more than one acre to be taken — Section 482. No 
schoolhouse site shall contain more than one acre, unless with 
the consent of the owner of the land taken therefor. Al^ land 
so taken against the will of the owner, when it shall cease to be 
used as a schoolhouse site or addition shall revert to the original 
owner, his heirs, or assigns ; and no land shall be so taken that may 
not be taken for highway purposes, without the consent of the 
owner thereof. 

Proceedings by joint districts — Section 483. If such ap- 
plication be made by a joint district, it shall be made to the town 
boards of ^he several towns in which such district is situated, 
and such town boards shall act together as one board in all 
proceedings as hereinbefore prescribed. 

Land of infant, how may be obtained — Section 484. 
"Whenever any school-district shall locate a site for a school- 
house upon any land owned by an infant, or in which an infant 
has an interest, the circuit or county court of the county in 
which the land is situated may, upon application of the parent 
or guardian of such infant, auihorize such parent or guardian 
to execute a perpetual lease of such site, not exceeding one acre 
in quantity; and when any such land is held in trust for an in- 
fant, his trustee may in like manner apply for authority to 
make such perpetual lease. All such leases shall vest in the 
lessee the interest of such infant and of his trustee in such land, 
so long as the same is occupied for school purposes. Such au- 
thority shall not be granted unless it shall be made to appear 
satisfactorily to said court that the premises are needed for school 
purposes, that the said school-district is willing to pay therefor 
a consideration deemed adequate by the court, and that the in- 
terest of such infant will not be prejudiced by reason of said 
lease ; and before making such order the court shall require the 
person authorized to make such lease to give a bond to account 
for and pay over the consideration received therefor, as in cases 
provided by law for the sale of lands of minors. 

The foregoing sections embody the laws in force as to the es- 
tablishment of schoolhouse sites. The town board is to be called 
upon, not to select or designate a site in any case, but to locate 
and establish the same or any addition thereto, when the district 
cannot obtain it on reasonable terms, or because the owner is a 
non-resident. 

The last section points out the course to be pursued when the 
site selected is on land owned by an infant, or in which an in- 
fant has an interest. 



108 Libraries. 



X. LIBRARIES. 



Reference works, miscellaneous books and books for supple- 
mentary reading for school use may be obtained in three ways: 

First. — Under subdivision 10 of section 430, which gives the 
school-district meeting power to appropriate certain sums of 
money for the school-district library. 

Second. — Under section 486, which allows two or more dis- 
tricts to unite in purchasing and maintaining a joint library. 

Third. — Under section 486«, known as the township library law. 
Nearly all the school district libraries of the state have been se- 
cured under this law, which has proved the most efficient and 
has secured the best results. 

Librarian — Actions — Section 485. The clerk of the dis- 
trict, or such other person as the legal voters shall appoint, 
shall be the librarian, and have the care and custody of the dis- 
trict library, under the supervision of the district board. All 
actions relating to such libraries or for the recovery of any 
penalties lawfully established in relation thereto, shall be 
brought in the name of the proper school-district. 

Joint libraries. — Section 486. The legal voters of any two 
or more adjoining schoo'-districts may, with the approval of the 
town board, unite their libraries and library money and may 
purchase a joint library or additions thereto for such districts, 
to be selected by the district boards thereof or by such person 
as they shall designate, and to be under charge of librarians tO' 
be appointed by such districts boards. Every such joint librarj'- 
and its appurtenances shall be vested in, and all actions relat- 
ing thereto shall be brought in I he names of all the districts 
owning such joint library. In case such district shall desire to di- 
vide any such joint library, such division shall be made by the 
directors of the districts owning the same, or by the town 
supervisors, if such directors cannot agree; and any school-dis- 



Libraries. 



109 



trict may donate and sell any book or books belonging to the 
district library, to the town in which it is situajted, to form a 
part of the town library. 



REGULATIONS. 

The following regulations for the management of school-district 
libraries are prescribed by the state superintendent, under the 
authority of section 166 of the revised statutes: 

1. The district librarian shall have charge of the library, 
and shall keep a catalogue of all the books in a book to be 
provided by the district for that purpose. 

2. Every volume in a library shall have pasted on the inside 
of the cover a printed paper, giving the name of the district; 
the number of the volume; the fine for not returning it within 
the specified time, and for the loss of or injury to any book. 
Blanks for this purjDose will be furnished to districts upon appli- 
cation to the state superintendent. 

3. Every volume loaned shall be entered by the librarian in 
a book, to be provided by the district for that purpose, by its 
number, with the day on which it was loaned; the name of the 
borrower, and the name of the person to whom it is charged 
(see regulation 5) ; the date when returned, and condition of the 
book; the fine assessed for detention, or injury done to the book 
in the following form: 



Time 

of 

delivery. 


Number 

of 

book. 


To whom 
delivered. 


To whom 
charged. 


When 
returned. 


Condition 

of 

book. 


Fine 

for 

detention. 


Fine 

for 

injury. 


1890. 

.Tnnf> 10 


41 


.Jno. Ward. 


W. Green. 


June 24 


Good. 













4. No person shall be allowed to have more than one volume 
at a time, or to retain it longer than two weeks; nor shall any 
person who has incurred a fine imposed by these regulations, 
receive a book while such fine remains unpaid. 



110 Libraries, 

5. Books may be loaned to minors and charged to their par- 
ents, guardians, or other persons with whom they reside, who 
shall be responsible for the books under these regulations. 

6. On the election of a librarian, his predecessor shall, 
within ten days thereafter, deliver to him all the printed and 
manuscript books, pamphlets, papers, cases, and all other prop- 
erty belonging to the library which is in his custody, for 
which the librarian shall give him a full receipt, discharging 
him from all responsibility therefor, except in the case herein pro- 
vided; and on receiving the library property, the librarian shall 
carefu'ly examine all books, etc., and if any loss or injury shall 
have been sustained, for which a fine has not been imposed by 
his predecessor, or for which a fine has been imposed and not 
certified by him to the treasurer, the librarian shall certify the 
amount thereof to the treasurer, who shall collect the same of 
such predecessor in the same manner as other fines are collected. 

7. In case of vacancy in the office of librarian, the district 
clerk shall perform the duties of librarian until the vacancy is 
filled. 

8. If any person, having held the office of librarian, shall 
neglect or refuse to deliver to his successor all the library 
property, as prescribed in the sixth regulation, the director 
shall forthwith commence an action in the name of the district 
board for the recovery of the property he shall so neglect or re- 
fuse to deliver. 

9. On the return of any book to the library, the librarian 
shall examine it carefully, to ascertain what injury, if any, has 
been sustained by it, and shall charge the amount ol the fine 
accordingly; and in every case of injury not specified in these 
regulations, he shall assess the amount of damages to be paid, 
subject to revision by the district board. 

10. The following fines are established by the state superin- 
tendent, viz. : 

1st. For detaining a book beyond two weeks, five cents per 
week. 

2d. For the loss of a volume, the cost of the book; and if one 



Libraries, ] 1 1 

of a set, an amount sufficient to replace it, or to purchase a 
new set. 

3d. For a leaf of the text torn out or lost, or so soiled as to 
render it illegible, the cost of the book. 

4th. For any injury beyond ordinary wear, an amount pro- 
portionate to the injury, to be estimated by the librarian. 

5th. Whenever any book shall not be returned within six 
weeks from the time it was loaned, it shall be deemed to be 
lost, and the person so detaining it shall be charged with its 
cost in addition to the weekly fine for detaining the book, up 
to the time such charge is made. But if the book is finally re- 
turned, the charge for loss shall be remitted ; and the fine for 
not returning the same be levied up to the time of such return; 
provided, that in no case shall the amount of weekly fines ex- 
ceed double the cost of the book. 

11. On the third Monday of i^ugust. November, February and 
May, and also immediately before he vacates his office, the 
librarian shall report to the district treasurer the name of every 
person liable for fines, and the amount each such person is lia- 
ble to pay; and the treasurer shall give the librarian a certifi- 
cate of the same, and immediately proceed to collect the saaiCj 
and if not paid shall so certify to the director^ who shall forth- 
with bring an action in the name of the district board for the 
recovery thereof. 

12. All library fines shall be paid to the district treasurer, 
who shal' keep account of the same, and shall report thereon to 
the annual district meeting, giving the name of each individual 
fined, the amount of the fine, and the sum total of all fines, 
which report shall be recorded by the clerk; and the district 
treasurer shall be responsible for all fines uncollected through 
his neglect. 

13. On the first day of July in each year, the librarian shall 
report to the district clerk as follows: 

1st. The number of volumes in the library; 

2d. The number of volumes purchased during the year, 

3d. The number of volumes presented during the year; 



]12 Libraries. 

4th. The number of volumes loaned during the year [counting 
each volume once for each time it is loaned\ ; 
5th. Amount of fines collected; 
6th. Amount of fines expended; 
7th. Amount of fines remaining unexpended. 

14. The library fines collected must be first applied to the re- 
placing of lost volumes, binding pamphlets, and rebinding such 
books as may require it. 

15. In case of joint libraries, the reports required above shall 
be made to the officers of the district in which the library is lo- 
cated. 



TOWNSHIP LIBRARY LAW. 

Funds for library — Section 486a. 1. The treasurer of 
•each town in this state shall withhold annually from the money 
received from the school fund income, for the several school- 
districts whose schoolhouses are located in the town of which 
he is the treasurer, an amount equal to ten cents for each per- 
son of school age residing in such school-districts, for the pur- 
chase of books as hereinafter provided. 

Books, how purchased — 2. Between the first day of April 
and the first day of July in each year, the town clerk, with the 
assistance of the county superintendent of schools, shall expend 
all money withheld by the town treasurer as provided in section 
1, of this act, in the purchase of books selected from the lists 
prepared by the state superintendent as hereinafter provided, 
for the use of the several school-districts from which money 
lias been so withheld, and he shall distribute the books thus 
selected and purchased among the several school-districts, in 
proportion to the sums of money withheld from each. 

Lists of hooks to he prepared — 3. It is hereby made the 
duty of the state superintendent to prepare annually or bienni- 
ally, as he may deem necessary, lists of books suitable for use 
in school-district libraries, and furnish copies of such lists to 
each town clerk and each county superintendent, as often as the 
same shall be published or revised, from which lists the several 
town clerks shall select and purchase books for use in the pub- 
lic school libraries in the several towns of the state as provided 
in this act. 



Libraries. 113 

Town clerk's duties as to books — 4. It shall be the duty 
of each town clerk to keep a complete record of the books pur- 
chased by him and distributed to the several school-districts, 
in a record book furnished by the state superintendent upon ap- 
plication. For such services properly rendered, the town clerk 
shall be allowed the usual per diem of two dollars for the time 
actually and necessarily spent. 

Who to be librarian — Law may be suspended — 5. Un- 
less the school district shall, at the annual meeting, elect some 
other person to be librarian of the district, the district clerk 
shall act as librarian for the district and shall receive and have 
the care and custody of the books distributed to the district 
pursuant to the provisions of this act, and shall loan them to 
teachers, pupils and other residents of the district, in accord- 
ance with the rules and regulations prescribed by the state su- 
perintendent. He shall keep a complete record of the books re- 
ceived from the town clerk for the district, in a record book 
furnished by the state superintendent through the town clerk. 
It is further provided that during the periods that the school is 
in session the library shall be placed in the schoolhouse, and 
the teacher shall act as librarian, under the supervision of the 
district clerk, or of the librarian elected at the -annual meeting. 
The state superintendent shall have authority to suspend the 
operation of this act for any year, in any or every town, by 
giving due notice of such suspension to the respective town 
clerks on or before the tenth day of June. The state superin- 
tendent is hereby authorized and required to prepai^e and fur- 
nish to each town clerk suitable record books for his use and the 
use of the several district clerks in his town. 

Farm institute bulletins — 6. The superintendent of farm 
institutes shall deposit, each year, with the state superin- 
tendent of public instruction a sufficient number of copies of 
the farm institute bulletin to supply every public school library 
of the state with one copy of each edition of said bulletin, 
which bulletins the state superintendent shall send to the vari- 
ous town clerks, who shall distribute them to the public school 
libraries of the schools in their respective towns, from which 
libraries the said bulletins shall be loaned in like manner and 
under the same regulations prescribed for the loaning of books 
from the public school libraries of the state. 

Under this law the money for library purposes is withheld 
■from the state school fund income. The amount withheld is 
•equal to ten cents for each person of school age r-esiding in the 
school-districts whose schoolhouses are situated in the town, 
whether all such persons reside in the town or not. When the 



114 Libraries. 

money for the library fund has been withheld, it is made the 
duty of the town clerk to purchase the books under the condi- 
tions imposed by the law. He has no discretion in the matter. 
In furnishing books to joint districts, as in withholding money, 
all difficulties are settled by ignoring the fact that there are 
joint districts and treating each district as if it belonged en 
tirely in the town in which its schoolhouse is situated. 

SELECTION OP BOOKS. 

In compliance with the law the state superintendent has pre- 
pared a list of books from which town clerks may select. This 
list may be had on application to the department of public in- 
struction. The books mentioned in this list are those which 
the experience of teachers has proved of the most worth in in- 
spiring pupils to read and study and in widening their infor- 
mation. 

SUGGESTIONS TO SCHOOL OFFICERS. 

The main objects of school libraries are to aid the teachers 
and scholars in extending and giving freshness to the regular 
studies of the schools and to train the children to read and en- 
joy good books. To secure these results the books should be 
kept in the school rooms during term time except when loaned 
by the teacher. 

Each district boai'd should provide a secure case, with lock 
and key, for keeping the books clean and safe when not in use. 
This case should be kept clean and free from dust. The books,, 
except very heavy ones which should lie on their sides, should 
stand upright on the shelves The binding and stitching of 
books are injured and their general appearance marred by 
standing "lopsided." 

The teachers should receive the strongest support from the 
school-district officers in their efforts to properly care for the 
books. The town clerk shall, in a book provided for that pur- 
pose, open an account with each school-district in the town to 
which books are distributed, charging each school- district with 



Libraries. 115 

all books delivered to the same; describing the books by the 
catalogue numbers, and giving the date when such books were 
delivered. Registers in which a complete record of the books 
belonging to the township library can be neatly kept by the 
town clerk and the district librarian are now furnished by the 
state superintendent. The record of books received, kept by 
the district libi^arian of any district, should correspond with the 
record relating to that particular district kept by the town 
clerk. These records should be compared at least once each 
year, and a complete list of all books destroyed or lost should 
be filed with the town clerk and a minute of each book so lost 
or destroyed should be made in the record of the district libra- 
rian. 

The district librarian should also keep in the record book an 
accurate account of all moneys collected from fines and penalties 
for detentions, injuries and losses of library books and sums so 
collected should be paid by him to the town clerk to become a 
part of the township library fund, and if not paid to him in 
full, he should retain the amount so due from each district, from 
the amount of public school money to which such district is en- 
titled as its share of the apportionment of the school fund in- 
come; the amount so retained to be added to the sum annually 
withheld for township library purposes for such district, and 
expended in the purchase of books for the ensuing year. 

RULES FOR PUBLIC SCHOOL LIBRARIES. 

The following regulations for the management of public school 
libraries have been prepared by the state superintendent. The 
labels for pasting in each volume, giving the rules for loaning 
can be obtained, on application, from the state superintendent. 
The regulations should be entered at length upon the records of 
the town: 

1. The town clerk shall distribute all books purchased for 
public school libraries among the several school-districts of the 
town, in proportion to the amount of public school money with- 
held from each for that purpose. 



116 Libraries. 

2. Before a-iy distribution shall be made of any books pur- 
chased for public school libraries, the town clerk shall cause to 
be pasted on the inside of the cover of each volume, a printed 
label giving the name of the town to which the book belongs, 
the county in which the town is located, the numb3r of the vol- 
ume, and the regulations prescribed by the state superintendent 
relating to the loan of the same, and the lines for detention, 
injury or loss of the volume. 

3. The district clerk, or the librarian elected by the district, 
shall be the custodian of the books distributed to the district, 
shall loan the same to persons residing in the district, collect all 
fines incurred for detentions, injuries and losses of books, pre- 
scribed by the state superintendent, keep an accurate account 
of and pay over the same to the town clerk as required, and shall 
deliver to his successor in office, aU books, papers and property 
of every description belonging to the town and to the public 
school library thereof, within ten days after the election or ap- 
pointment of such successor. 

4. The district clerk or librarian shall keep a catalogue of 
the books delivered to him by the town clerk. In connection 
with his annual report, the district clerk shall report the num- 
ber of volumes, the amount of fines collected, and the condition 
of the library ou the 30th day of June to the town clerk. 
Wherever a suitable place for the safe keeping of the books can 
be provided by the district board, the district clerk or librarian 
should place the library in the school-room, during term time, 
under the care and management of the teacher. The librarian 
shall give out and receive books on 'such days as the school 
board may direct, under the following rules: 

I. The teacher of the public school shall, ■ while the school is 
in session, receive from the library such number of volumes as 
may be needed for use in the instruction of pupils and classes, 
shall be responsible for the books drawn for that purpose and 
may loan them to pupils. 



Libraries. 



iir 



[r. No individual, except the teacher of the school, shall 
have from the library^moi'e than one volume at a time. Books 
may be loaned to minors, and the record account shall be kept 
with the parent, guardian or person with whom such minor 
resides. 

III. No volume shall be retained longer than two weeks 
under penalty of a fine of ten cents for the first week of such 
detention, and five cents for every week thereafter. The 
librarian shall report monthly all delinquencies to the school 
board. 

IV. Fines shall be assessed for injuries to books as follows: 

1. For an injury beyond ordinary wear, an amount propor- 

tionate to the injury, as estimated by the librarian. 

2. For the loss of a volume, the cost of the book; and if one 

of a set, an amount sufficient to replace it, or to pur- 
chase a new set. 

3. No person having incurred a fine shall be permitted tO' 

take books from the library until the fine is paid. 

V. The district clerk or librarian of each school-district 
shall keep a record of all books loaned, in a book provided for that 
purpose, which shall show the name of the person to wiiom the vol- 
ume is loaned, the catalogue number of the volume, the date of 
the loan, the date of return, and the amount of fine, if any, im- 
posed and assessed by the librarian, for any detention, injury 
or loss of any book, and the date at which said fine was paid. 
The record shall be kept in the following form: 



Name of Borrower. No. of Book. Date of Loan. Date of Return. Fine. 



1 18 Lib7'aries. 

VI. Books may be loaned to minors and charged to their 
parents, guardians, or other persons with whom they i-eside, 
who shall be responsible for the books under these regulations. 

VII. On the return of every book to the library the libra- 
rian shall examine it carefully to ascertain what injury, if any, 
has been sustained by it, and shall charge any fine that may 
have been incurred by such injury, or by detention or loss of 
any book as provided in the rules. 



Judgments Against School- Districts. 119 



XI. JUDGMENTS AGAINST SCHOOL-DISTRICTS. 



Execution, when to issue — Section 487. No execution 
shall issue on any judgment against a school-district, except 
upon leave of the court upon motion, after the failure of the 
remedies provided in these statutes. 

Transcripts of judgments to be filed — Duty of town 
clerk — Judgments against joint districts — Section 488. 
Whenever a final judgment shall be obtained agaiast any school- 
district, the judgment creditor, his assignee or attorney, may 
file with tlie town clerk a certified transcript of such judgment 
or of the docket thereof, together with his affidavit showing the 
amount due thereon and all payments, if any, and that the 
judgment has not been appealed from or removed to another 
court, or if so appealed or removed has been affirmed; and 
thereupon the town clerk shall assess the amount thereof, with 
interest from the date of its rendition to the time when the 
warrant for the collection, thereof will expire, upon the taxable 
property of such district, placing the same in a separate col- 
umn on the next tax roll; and the same shall be collected and 
returned as town taxes are, and paid to the party entitled 
thereto. In case of a judgment against a joint district, a 
transcript and affidavit as aforesaid, shall be filed with the clerk 
of each town in which any part of the district is situated, and 
the town clerk in each town shall assess on the taxable property 
of the part of such district situated in his town, the same pro- 
portion of the whole amount, with interest as aforesaid, as is 
assessed on such part for the other district taxes in such year. 
Such proportion may be ascertained by the certificate of the dis- 
trict clerk or the certificate of the several town clerks inter- 
ested to each other, showing the amount of other district taxes 
•certified by the district clerk to each town clerk. Whenever, 
for any cause, the amount which ought to be assessed on any 
such district or part of district, as above provided, shall not be 
so assessed in the next tax roll after the filing of such tran- 
script and affidavit, the town clerk shall assess the same on 
the next or any subsequent tax roll within two years there- 
after. 



120 Judgments Against School- Districts. 

Appeal, certificate to he filed — Section 489. Whenever 
an appeal shall be laken from such judgment against a district, 
and a transcript thereof and affidavit shall have been filed, as 
above provided, the director may file a certificate of such ap- 
peal with the town clerk; and thereupon he shall suspend the as- 
sessment of such judgment until the determination of such ap 
peal. If such judgment be thereafter affirmed, on proof thereof 
by certificate of the clerk of the appellate court, the town clerk 
shall assess the same, with interest, in the next tax roll. 

The property belonging to the district is not liable to levy or 
sale upon an execution. Under the rendition of any judgment 
against a school-district, a transcript of the same is to be filed 
with the town clerk, or, if the district be a joint district, with 
the clerk of each town in which such district is in part situated. 
The town clerk is then required to assess the amount of the judg- 
ment, with interest thereon, in a separate column, in the next 
assessment roll, and the tax, when collected, shall be paid to- 
the party entitled thereto. 



Free High Schools. 1:21 



XII. FREE HIGH SCHOOLS. 



How estaWislied — Not to apply where— Section 4)0. Any 
town or incorporated village or citj'-, any school district or sub- 
district which contains within its limits an incorporated village^ 
or which has a graded school of not less than two departments, 
may establish and maintain not exceeding two high schools in 
the manner and with the privileges herein provided. Provided, 
that- no such high school shall be established or maintained un- 
less twenty-five persons of school age, resident of the town, city, 
village, school-districi or districts, sub-district or sub-districts, 
pass a satisfactory examination in the branches required to be 
taught in the common schools, and are prepared to begin a high 
school course. The question of establishing such schools may 
be submitted by the town, school-district or sub-district, or vil- 
lage board, or common council, to the legally qualified voters, 
at any annual or duly called special meeting, or election, upon 
written resolution therefor, proposed for adoption; provided, 
notice of such purpose, embodying such resolution, be given in 
the manner provided for notifying a special district meeting, 
town meeting or charter election. In fhe case of a sub-district 
the meeting may be called by the clerk of such sub-district. 
The vote shall be taken by ballot, and canvassed according to 
the statutes for conducting elections in such municipality, those 
ballots in favor being written or printed, "for high school ;" 
those opposed, "against high school." If the resolution be 
adopted, such town or towns, school-district or districts, sub- 
districts, village or city shall constitute a high school-district. 
But no city, incorporated village or school-district in which a 
high school heretofore established has been reported recognized 
and aided as a free high school, shall be required to take any 
vote on the resolution provided for in this section, but may con- 
tinue to report and receive aid on due compliance with the law 
in other respects. 

Towns may unite in establishing — Section 491. (Sec. 1, 
chapter 353, laws of 1897.) Two or more adjoining towns, or 
one or more towns and an incorporated village, when the same 



122 Free High Schools. 

together will make a district of contiguous territory, may unite 
in establishing and maintaining any such high school. The 
resolution proposing the same ahall be approved and submitted 
and the notice of election signed by at least a majority of tlie su- 
pervisors of each town, and trustees of such village, if any, and 
the election shall be notified and conducted in eacli town or vil- 
lage; as provided in the preceding section. Such resolution 
shall not be adopted unless a majority of the votes cast in each 
such town or village be in favor thereof. The votes shall be 
canvassed at the first election, and all subsequent elections, in 
the several towns, as at town meetings, and in the village, if 
any, as at village elections; and the supervisors of the sev- 
eral towns, and trustees of such village, shall within one week 
later such elections, meet and canvass the votes and certify the 
result to the town clerk of each town, and to the village clerk 
of such village. If such resolution be adopted, the several 
towns, or town, or towns and village so voting to unite, shall 
constitute a joint high school district. 

State aid, how obtained — Secpion 491a. Whenever any 
town in which no graded school exists or when any two ad- 
joining towns, in which no graded school exists, shall vote 
to establish and maintain a free high school, as provided in 
sections 490 and 491, of this chapter, and such free high 
school shall have been established and maintained in the manner 
now provided by law for establishing and maintaining free high 
schools, for at least three months, and when the high school 
boards of such town, or of such two towns adjoining which unite 
to maintain such school, shall make the report required by sec- 
tion 496, of this chapier, in order to obtain the aid furnished 
by the state of Wisconsin, in maintaining free high schools, 
they shall append thereto a certificate, to the effect that such 
school is established and maintained in a town or by towns 
wherein no graded school exists. 

Schools classified — Amount of state aid — Section 491^. 
Upon receiving the reports and appended certificate provided 
for in section 496 of this chapter, it shall be the duty of the state 
superintendent to make a separate and distinct class of the 
schools thus established and maintained in towns where no 
graded schools exist, and each such school shall be entitled to 
receive from the general fund of the state annually, one-half the 
amount actually expended for instruction in such school, and the 
state sujDerintendent shall fix the amount to be paid to each of 
said high schools and certify the same to the secretary of state, 
at the same time and in the same manner as he is now required 
to fix the amount to be paid to high school-districts, and certify 
the same to "the secretary of state. On such certificate, at any 
time after the first day of December, the same shall be paid to 



Free High Schools. 183 

the district treasurer out of the state treasury; but the whole 
amount so paid shall not exceed twenty-five thousand dollars in 
any one year to this class of free high schools, and if more is 
demanded by such districts, they shall be paid proportionally. 
The secretary of state shall annually include and apportion in 
the state tax all such sums as shall have been so paid, in addi- 
tion to the amount authorized to be paid in aid of free high 
schools by section 496, of this chapter, and in addition to all 
other sums to be levied for the year. 

By this act an annual appropriation of not more than twenty- 
five thousand dollars is made to encourage the establishment 
and maintenance of free high schools in towns where there are 
none but ungraded district schools. 

This was the principal purpose of the first act proffering aid 
to free high schools. But few of these places took advantage 
of the assistance thus tendered, and the remaiiider of the ap- 
propriation is now devoted to the high-schools established in 
connection with graded schools. 

In organization, management, and methods of application for 
aid, these schools will conform to the law heretofore existing 
in relation to free high schools. 

Six different organizations are authorized to establish and 
maintain free high schools, to- wit: a town, two or more towns, 
an incorporated village, an incorporated village and adjoining 
town, a city and a school district containing a village or a 
graded school of two departments. 

The first step in organizing any one of these schools is the 
posting of notices of a purpose to vote on the question of the 
adoption of the system, as specified in form 49 of this code. 
The town board, village board, district board, or the common 
council of the city, must notify the electors of a purpose to 
hold an election for voting on the resolution that is recited in 
the notice. When two or more towns purpose to unite in es- 
tablishing a free high school at least two members of each board 
interested must sign the notices. 

The second step is to take the popular vote by ballot, and if 
a majority of the ballots cast read " For high school, " the reso- 



r>4 Free High Schools. 

lution must be declared carried and the action shou.d be re- 
corded. A director, a treasurer and a clerk should be elected, 
in conformity to Sec. 492. But in single districts, the district 
board becomes ex-officio the free high school board, and in 
cities that are not under the jurisdiction of county superintend- 
ents, the board of education likewise becomes the free higk 
school board. When two or more towns unite in forming a. 
free high school-district a special election of free high school 
officers must be held subsequent to the vote^on the organization 
of the high school. Due notices of such election must be posted 
by the respective town boards. 



ORGANIZATION AND MANAGEMENT OF FREE HIGH SCHOOLS. 

Officers — Terms — When existing boards to be officers — 

Section 492. The officers of each such district shall be a. 
director, treasurer and clerk, whose terms of office shall be each 
three years, beginning with the annual town meeting and until 
his successor shall have been chosen or appointed; provided, 
that at the first election the clerk shall be chosen for one year, 
the treasurer for two years and the director for three years; 
and all of said officers may be chosen first at the same election 
at which the question of establishing a high school is submitted, 
to take their offices if the resolution therefor be adopted. 
Thereafter such officers shall be elected at the annual town 
meeting or charter election. The votes cast shall be canvassed 
and the results declared and certified as provided in the preced- 
ing sections. But in all cities not under a county super- 
intendent which now constitute free high school-districts 
or which shall" hereafter adopt the resolution provided for in 
section 490, and become free high school -districts, the board of 
education in each such city shall be the high school board and 
the city treasurer shall be ex-officio the treasurer of the high 
school-district unless the board of education embraces a treas- 
urer; and in all districts maintaining a graded school of 
not less than two departments, which now constitute free high 
school-districts or which shall hereafter adopt said resolution, 
the district board in each such district shall be the high school 
board; and the district treasurer shall be the treasurer of the 
high school-district. Whenever a sub-district under the township 
system shall vote to establish and maintain a free high school, 
such sub-district shall constitute a free high school-district, shall 
electa free high school board, the clerk for one year, the treasurer 



Free High Schools. 135 

for two years, and the director for three years ; thereafter one officer 
shall be elected annually in place of the one whose term expires, 
at the annual meeting of such sub- district, and such high school 
board shall perform all the duties and have the same authority 
in all respects as the high school boards in towns or districts. 
The clerks shall certify all taxes levied for high school purposes 
to the town, city or village clerk or clerks, who shall assess the 
same upon the taxable property of the sub-district, and the 
treasurers of such municipalities shad collect the taxes thus 
assessed and pay over the same to the high school treasurer, 
and return the delinquent taxes to the county as other taxes 
are collected and paid over or are returned as delinquent. 

Duties of officers — Bond — Report — Seqtion 493. The 
officers aforesaid shall constitute the high school board, and as 
such board and as such officers shall conduct the affairs of such 
high school- district on the same general plan provided for a 
school-district, and shall have and possess, with respect to such 
high school-district, all the powers, and be charged with 
all the duties conferred and imposed in these statutes on 
the district officers and district board of a school-district, ap- 
plicable to such high school-district; the treasurer shall give a 
like bond, to be approved and filed in a similar manner. The 
high school-district clerk shall make a similar report to that 
provided in section four hundred and sixty-two, omitting the 
first sub-division. The board may grade such school, and 
establish the branches of study to be taught therein, under the 
advice of the state superintendent. Every forfeiture and punish- 
ment against neglect or violation of duty in a school-district 
officer, shall be held equally to apply to a high school-district 
officer for like neglect or violation. The reports of free high 
schools in cities not under a county superintendent shall be in- 
cluded in the reports from such cities to the state superintend- 
ent, made by the city superintendent or clerk of the board of 
education. 

The officers, if elected, are to bear the same names and are 
elected for the same terms as like officers in school-districts. 
In cities independent of the county superintendent, the board of 
education, — and in single districts the district board, becomes 
the free high school board, without action on the part of the 
people at the time of voting on the adoption of the system. 

The duties of the several officers and of the boards are similar 
to those of district officers and' boards. The clerk is to report 
directly to the county superintendent, but in cities independent 



126 Free High ScJiools. 

of that officer, the report must be made by the city superintend- 
ent or by the board of education, and incorporated in the report 
of other matters to the state superintendent. Section 496 pro- 
vides for a financial report to be made in duplicate for each free 
high school directly to the state superintendent. 

Schools free — Qualifications of principal — Course of 

gf;i^l(|y Section 494. All such high schools shall be free to all 

pupils resident in the district. Every principal of any high 
school hereafter elected or appointed shall, in addition to his 
qualifications as teacher of a common scnool, be a graduate of 
some university, college or normal school, or shall hold a state 
certificate, or shall pass an examination in the studies required 
to be taught in any such school; provided, the state certificates 
authorized by the laws of Wisconsin and the certificates author- 
ized by section 496a, of this chapter, shall legally qualify their 
holders, both as principals and as teachers of common schools; and 
each principal and each assistant teacher in a free high school 
shall be eligible to teach only on approval of his certificate by 
the state superintendent; and the high school boai^d or boards of 
education having charge of such schools shall determine, with 
the advice and consent of the state superintendent, the course 
of study and minimum standard of qualification for admission to 
the same. 

The state superintendent will require each assistant in such 
schools to furnish evidence of his qualifications to teach every 
branch assigned him in the school course. Every assistant in a 
free high school who does not hold a state certificate or a 
countersigned dipioma should therefore secure the superintend- 
ent's approval of his qualifications before the beginning of the 
fall term of Fchool. Only thus can he make a legal contract, 
or the school be entitled to the aid provided by law. Each as- 
sistant should send to the state superintendent a local certifi- 
cate that includes all the branches he is required to teach, and 
which continues in force during the time for which he wishes 
his certificate to be approved, should he desire to teach branches 
that are not included in the highest certificate that the local 
authority is authorized to issue, the state superintendent will 
provide for his examination in such topics. 

Diplomas and standings from reputable colleges and state nor- 



Free High Schools. ' 127 

mal schools not in the state will receive due credit, if accom- 
panied by proper local certificates. 

Taxes, liow apportioned — Payments, how made — Sec- 
tion 495. The high school board shall, annually, on or before 
the second Monday in S'eptember, meet and determine the 
amount necessary to be raised by tax for the support of such 
high school, and certify the same to the proper town, city or 
village clerk; if a joint high school-district, they shall certify to 
the town clerk of each town the proportionate amount thereof to 
be raised by such town, such proportion to be determined ac- 
cording to the total valuation of all the taxable property in 
such town as equalized by the town boards of review. Such tax 
shall be assessed on the next tax roll by such clerk or other 
officer making the same, and collected and returned as other 
taxes, and paid to the high school-district treasurer. Such 
moneys shall be paid out only on orders drawn and counter- 
signed as prescribed in case of school-districts. Any town 
which is a single high school-district may, by resolution adopted 
at the annual town meeting limit the amount to be raised for 
high school purposes in such town, during such year. In case 
of a joint high sc-hool-district, the town boards of the several 
towns embraced may, by a joint resolution adopted by all such 
town boards before the first day of July, likewise limit the 
amount to be raised in such district. 

Ths certificate of the amount of tax necessary to be raised is 
to be made in September. Towns having a high school may, by 
vote, limit the amount of tax, and the tax in joint high school- 
districts may be likewise limited by the town boards; but other- 
wise the amount of annual tax levy for this purpose is finally 
determined by the board. 

State aid, amount of, how obtained — Levy of taxes 

for — Section 496. Any high school district which shall have 
established a free high school according to the provisions of 
these statutes and shall have maintained the same for not less 
than three months in any school year, shall be entitled to re- 
ceive from the general fund of the state, annually, one-half the 
amount actually expended for instruction in the high school of 
such district during such school year, over and above the 
amount required by law to be expended for common school pur- 
poses, but not to exceed in one year five hundred dollars to one 
district; provided, this limitation shall not apply to the class 
of high schools designated in section 491ci' of this chapter. To 
obtain such aid, the high school beard, or in cities not under a 
county superintendent the president and secretary of the board 






1^8 1 Free High Schools. 

of education and the treasurer, shall, on or before the first day 
of Nov-aaaJaer, report in duplicate to the state superintendent, 
under their oaths, the amount actually expended for instruction 
during the previous school year, specifying the several items 
thereof, with the date and the object of each fully. Thereupon 
the state superintendent shall fix the amount to be paid such 
"high school district and certify the same to the secretary of 
state, with one of such reports annexed; provided, the state su- 
perintendent shall be authorized to withhold the certificate from 
any free high school district for reasons based upon failure to 
comply with the Laws relating to free high schools, which rea- 
sons he shall have transmitted in writing to the free high 
school board thereof on or before the thirtieth day of the pre- 
ceding June. On such certificate at any time after the first day 
of December, the certified amounts shall be paid to the district 
treasurer out of the state treasury. The secretary of state 
shall annually include and apportion in the state tax all such 
sums as shall have been so paid in addition to all other sums 
to be levied for the year. Hereafter, when by any neglect or 
omission any free high school shall fail to have apportioned 
to it its share of state aid under this act, the state superin- 
tendent may, after the time hereinbefore fixed for such appor- 
tionment by him, fix an amount ten per centum less than the 
amount which such free high school would have been entitled to 
had it complied with the provisions of this act, and certify the 
same to the secretary of state, with the report of such district 
or districts annexed thereto, and the secretary of state shall 
thereupon draw his warrant for such amount or amounts in 
favor of such district or districts. The whole amount annually 
paid under the provisions of this section shall not exceed the 
sum of twenty-five thousand dollars, and if more be demanded 
by such districts they shall be paid proportionally; provided, 
however, that if the whole amount authorized to be paid annu- 
a,lly in aid of free high schools in towns having no graded 
schools by section 4916 of this chapter is not demanded or ex- 
pended under the provisions of that section, then the unex- 
pended balance of the amount therein annually authorized to be 
paid in aid of free high schools in towns having no graded 
schools, may be added to and apportioned among the free high 
schools provided for in sections 490 and 491, of this chapter; 
but DO more than fifty thousand dollars shall be apportioned to 
both classes of free high schools in any one year as now pro- 
vided by law. 

This section provides for the distribution of fifty thousand 
dollai's to both classes of free high schools each year, preference 
being given to free high schools in towns having no graded 
schools. 



Free High Schools. l'^9 

This section also authorizes the state superintendent to 
withhold the state aid from any free high school district for 
failure to comply with the free high school law, and the reasons 
for so withholding such aid shall be transmitted in writing to 
the free high school board on or before tlie 30th day of the pre- 
ceding June. This clause is designed to protect those schools 
complying with the law from loss of money in the pro rata 
apportionment. 

The state superintendent is required by law to approve the 
qualifications of eacli principal and each assistant in the free 
high school, and to approve its course of study. If deficiencies 
shall be known to exist in any scliool in these or other essentials 
for the successful work of the school, the state superintendent 
will correspond with tlie board in relation thereto. If the sub- 
jects of inquiry are found to be practices that are in neglect or 
defiance of laws relating to these schools, the state superinten- 
dent will transmit to the free higla school board notification of a 
purpose to withhold the certificate from the sacretary of state, 
as provided in the amendment. 

Every free high school may share in the aid offered by this 
section if it shall have maintained a school taught by qualified 
teachers for three months of ihe year for which aid is sought; 
shall liave established and maintained a course of study ap- 
proved by the state superintendent; shall have expended dur- 
ing the year for instruction in tlie higli school, exclusive of 
the cost of maintaining a common school, an amount equal to 
twice the sum claimed as aid, and shall report as required by 
the section. 

State superinteiulent to supervise schools — Section 496a. 
1. The state superintendent shall prepare a course or courses 
of study suitable to be pursued in free high schools, publish 
the same, and furnish them upon application for the informa- 
tion of localities contemplating the maintenance of free high 
schools. He shall exercise such personal supervision and make 
such personal inspection of the work of all free high schools or- 
ganized under the provisions of the statutes of this state as 
they seem to require, and other duties of his office may war- 
rant; he shall examine or cause to be examined, all teachers of 
9 



130 Free High Schools. 

high schools, required by law to pass special examinations tO' 
qualify them for teaching in high schools, and grant certificates; 
to such as pass examinations satisfactorily, which certificate 
shall be in such form and for such time as he may prescribe,, 
and shall authorize the holders to teach in such special place or 
places, or in the whole state, as the qualifications of the candi- 
date may warrant. The course of study herein authorized to be 
prepared shall include instruction in the theory and art of teach- 
ing and organization, management and course of study of un- 
graded schools, and all examinations of teachers shall include 
examinations upon these subjects. 

2. The state superintendent shall furnish suitable blanks for 
annual and special reports for all free high schools which shall 
include the number, age and sex of all pupils enrolled, the 
number in each class or year of the course of study, the number 
pursuing English branches only, the number completing the 
course of study each year, and such other statistics as may be 
deemed necessary. 

Courses of study are furnished by the, state superintendent,, 
which indicate the scope of the work required by this depart- 
ment. Such modifications as may be thought necessary ta 
adapt these courses to local needs require the approval of the 
state superintendent. 

Blanks for the annual reports will be mailed by the state su- 
perintendent to clerks, on the 15th of May, and for the fioan- 
cial reports on the 1st of August. 

When teachers of free high schools are required to teach 
branches which are not embraced in any of the certificates 
which the local superintendents are authorized to issue, the- 
state superintendent will provide for their examinations in such 
topics, but he will require teachers to seek certification from 
local examiners in all branches included in the first grade cer- 
tificate. 

Inspector of free high schools — Section 165^?. 1. The 
state superintendent is hereby authorized to appoint a person 
of suitable qualifications to assist him in visiting, inspecting 
and supervising the free high schools of the state, and to aid 
in giving information and needed assistance to localities in or- 
ganizing and maintaining free high schools in towns where no 
graded schools exist. 

Salary — 2. The person appointed pursuant to the provis- 
ions of this act shall receive an annual salary of eighteen hun- 



Free High Schools. 131 

dred dollars, and reimbursement for all actual and necessary- 
expenses incurred, payable monthly, upon the certificate of the 
state superintendent, from the annual appropriation to encour- 
age the establishment of free high schools. 

Other duties — 3. The person hereby authorized to be ap- 
pointed by the state superintendent may be assigned such duties 
in the office of the state -^superin ten dent when not engaged in 
the specific duties enumerated in section 1, of this act, as the 
said state superintendent may determine and designate. 

Manual training — Section 4966. 1 . It shall be lawful for any 
high school board of education in this state having charge of a 
free high school or of a high school having a course of study 
equivalent to the course or courses prescribed by the state su- 
perintendent for free high schools, to establish and maintain a 
department of manual training in connection with the schools 
under its control and management. 

2. The expense of maintaining such manual training depart- 
ment shall be provided for in the same manner as other ex- 
penses of maintaining high schools are provided for, by taxes 
assessed upon the taxable property of the territory included in 
the corporation district or districts maintaining the high school 
in connection with which the manual training department is es- 
tablished, and such department shall be under the management, 
direction and control of tlie board having the management and 
control of the high school. 

3. It shall be the duty of the state superintendent, as far as- 
the other duties of his office may warrant, to give such infor- 
mation and assistance as may seem necessary in organizing and 
maintaining manual training departments and in arranging 
schemes and outlines of work. The state superintendent, with 
the aid of the supervisor of high schools, shall also have gen- 
eral supervision of all manual training departments established 
and maintained under the provisions of this section; shall from 
time to time inspect the same, make such recommendations re- 
lating to the management as he may deem necessary, and in 
his biennial report make such report thereon as shall give full 
information concerning their number, character and efficiency 
and their value as an educational factor. 

4. The state superintendent shall establish a standard of 
qualification for all teachers in manual training departments,, 
and may grant special certificates to such applicants as are to 
his judgment fully qualified to instruct in special lines of inanual 
work, which certificates shall be in such form and for such time 
as he may prescribe, and shall be regarded as certificates legally 
qualifying the holders thereof to teach in any manual training 
department forming a part of the public school system of the 
state 



132 Free High Schools. 

5. Any high school whose course of study or outline of work 
in manual training has been approved by the state superintend- 
ent, and whose teacher or teachers have been duly qualified ac- 
cording to subdivision 4, of this section, may, upon application, 
be placed upon' an approved list of schools maintaining manual 
training departments. A school once entered upon this ap- 
proved list may remain there and be entitled to the special state 
aid hereinafter provided in this act, so long as the scope of 
work and its character is maintained from year to year in such 
a manner as to meet the approval of the state superintendent; 
provided, that the state superintendent shall not under the pro- 
visions of this section, place upon the said approved list more 
than ten schools. 

6. On the first day of July each year the clerk of each high 
school board maintaining a school on the approved list, or the 
city superintendent of any city where such an approved school 
is maintained, shall make a report to the state superintendent, 
in such form as may be required, setting forth the facts relat- 
ing to the cost of maintenance of the manual training depart- 
ment, the character of the work done therein, the number and 
name of teachers employed therein, and the length of time such 
department was maintained during the year. And upon the re- 
ceipt of such report, if it shall appear that the department has 
been maintained in a satisfactory manner for a period of not 
less than six months during the year ending with the date of the 
report, the said superintendent shall make certificate to that 
effect and file the same with the secretary of state. 

7. Upon receiving the certificate of the- state superintendent 
provided in subdivision 6, of this section, the secretary of state 
shall immediately draw his warrant upon the state treasurer for 
the sum of two hundrtd and fifty dollars, payable to the treas- 
urer of the district or corporation maintaining a school which 
is in the list of approved schools maintaining manual training 
departments, and reporting as herein provided. 

8. There is hereby annually appropriated out of any money 
in the state treasury not otherwise appropriated, a sum suffi- 
cient to carry out the provisions of this section, and all sums 
so paid for the establishment and support of manual training 
departments shall be annually added to the state tax, and levied 
and collected as other state taxes are collected ; provided, that 
the total amount expended under the provisions of this section 
shall not exceed the sum of twenty-five hundred dollars in any 
one year. 

This law recognizes manual training as a legitimate part of 
the work of public schools, and authorizes departments for man- 
ual training to be maintained by taxation, as other depart- 



Free High Schools. 133 

meats of public schools are maintained. The authority to main- 
tain such departments, it will be observed, is limited to such 
corporations and districts as maintain high schools with courses 
of study equivalent to the courses prescribed for the use of free 
high schools. 



SCOPE OF THE WORK. 

(a) The scheme of work should cover at least two years of 
time, and should be of a character to afford advantages to both 
sexes and all clasess represented in the school. 

(6) Specifically, the scheme should include instruction and 
exercises in free hand and mechanical drawing. 

(c) Instruction and exercises in bench work in wood — sawing, 
planing, tenons, mortises. Joinery, inlaid work, etc., etc. 

(d) Instruction and exercises in lathe work in wood — wood 
turning, face-plate and center turning, polishing and simple de- 
signing. 

(e) Instruction and exercises in blacksmithing — elementary 
processes of the forge — welding, forging and tempering. 

(/') Lathe work in metal — metal turning, use of machine 
and hand tools in metal work; exercises devised to develop uses 
of tools. 

The above lines of work may be expanded almost indefinitely, 
as facilities are provided, and the course is extended, to include 
pattern-making, moulding, casting, etc. ; by introducing exer- 
cises in wood carving, in the use of carving tools in ornamental 
line work, and the shaping of simple designs in low relief. 
Drawing, also, may be extended to include architectural draw- 
ing and designing. 

(g) Instruction and exercises in sewing — forms of stitches, 
piecing, hemming, darning, mending, patching, making. As 
facilities are provided, cutting, fitting and making garments in 
cotton, wool, and other fabrics, may be voluntarily added. 

(A) Instruction and exercises in cooking — study of foods, 
dietetic values and combinations; uses and processes of cooking; 



134 Fi^ee High Schools. 

preparation of common foods — soups, meat, vegetables, bread, 
tea, coffee, cocoa, cakes, pies, puddings, etc., etc. 



QUALIFICATIONS OF TEACHERS. 

It is deemed unwise at present to determine that teachers in 
manual training departments shall pass examinations in literary- 
branches or mechanical proficiency. Each applicant will be 
judged as to fitness by literary and mechanical training, and 
upon evidence of intelligent apprehension of the methods, aims 
•and purposes of manual training. It is to be constantly borne 
in mind that manual training is a form of education; a method 
by which the senses of sight, hearing, touch, and all muscular 
energy, are called into activity, to cultivate precision and mul- 
tiplicity of perception, the correlation and co-ordination of pro- 
cesses of reasoning and reflection, which result in variety and 
accuracy of judgment. The product of these processes is higher, 
broader mental culture, as well as mechanical skill; that the 
latter should be the sign and token of the former; and that 
only such as discern this significance in manual training should 
be entrusted with the management of such departments. The 
manual training schools, and the mechanical engineering depart- 
ment of the university of our own state and those of other states. 
should furnish an adequate supply of competent teachers. 



EQUIPMENT AND WORK REQUIRED. 

The equipment and work should be progressive. No attempt 
should be made to fully equip or determine the work of the de- 
partment at once. Bench work and lathe work in wood, with 
free hand and mechanical drawing should; be inaugurated the 
first year. This is all that will be required, if s^^wing, cooking, 
aad advanced work in metal are outlined in the scheme of work 
to be commenced not later than the second year. Each scheme, 
as presented for approval, will be considered in relation to the 
locality for which it is designed. 



Free High Schools. 135 

The question has arisen whether manual training should be in- 
cluded in and made a part of a definite and prescribed course of 
study in the high school. This is the practice of some schools, 
that have literary and manual training courses. But it is not 
deemed wise to require this. A limit should be made by local 
•regulation, confining manual training to a maximum rf four and 
one-half hours per week, per pupil, which will include the draw- 
ing. Programmes should be so arranged that this work can be 
taken without interference with recitations in literary courses. 



136 Appeals. 



XIII. APPEALS. 



To state superintendent— Section 497. Any person con- 
ceiving himself aggrieved by any school-district meet- 
) jj ing or by any town board, in forming or altering, or in 

^C^ refusing to form or alter, any school-district, or by an 
^ *YM other thing done by any officer or board under the provisions 

y of this chapter, may appeal to the state superintendent. Such 
» n Vi\ai-j appeal shall be taken and heard in the manner prescribed by 
\ * him, and he shall make and file his decision within 

thirty days after the hearing thereof is closed. The decision 
appealed from shall be operative until the same shall be re- 
versed; and no decision on appeal to said superintendent made 
by him after the lapse of thirty days from the time the hearing 
thereof is closed, shall be effectual. 



The purpose of the comments in the preceding pages has been 
to make plain the application of the statutes to the manage- 
ment of the affairs of school-districts. It should be borne in 
mind that the state superintendent can render no decision on 
controverted matters, without giving to all persons interested 
an opportunity to be heard. An opinion based on ex parte 
statements is valid only in so far as these statements represent 
fully and fairly the facts in the case. 

The law commits the formation and alteration of school-dis- 
tricts and the management of public schools to the local boards 
and communities in which they are situated. A multitude of 
facts, pertinent to a wise direction and control of school-dis- 
trict affairs, are known by, or are easily accessible to the local 
authorities, which are obtainable, if at all, only with very great 
difficulty by a distant tribunal. Where the local boards and 



Appeals. 137 

communities ai'e guided by a single purpose to subserve public 
good, it will seldom be found necessary to take the appeal for 
which the section provides. It often happens, however, that 
the best interests of schools are sacrificed to local feeling or to 
personal interests. Persons aggrieved by such action may ap- 
peal to the state superintendent, but in doing so the following 
rules must be observed: 

RULES RESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the state 
superintendent, and signed by the appellant, but no particular 
form of statement is necessary. 

2. The appeal should be as brief as is consistent with a com- 
plete statement of the case. It should set forth the action or 
proceedings appealed from, and the reasons why such action 
should be set aside. If the appeal is founded upon the refusal 
of the supervisors to act, the reasons why the action asked for 
should have been taken by such supervisors, must be clearly 
shown. If the appeal relates to the formation or alteration of a 
district, a map or plat of the district or districts affected 
by the order from which the appeal is taken, showing the 
boundaries, location of the schoolhouses, and the situation of the 
marshes, rivers and bridges of the territory in question should 
be presented with and made a part of the appeal. A statement 
showing the assessed valuation of the district or districts, or 
of the several parts of a district divided, and the number of 
children over four and under twenty years of age residing in 
each, should accompany the map, and form a part of the papers 
in the case. When the papers are completed, they should be 
fastened together, numbered or lettered for reference, and an 
affidavit attached, setting forth that the statements therein 
made are true, and that the map, list of children, and valualion 
of property are correct. The affidavit may be in form as fol- 
lows: 

A. B., being duly sworn, deposes and says that the state- 
ments made in the above appeal, all and several, are true, ac- 



138 Appeals. 

cording to the best of his knowledge and belief, and further that 
the accompanying map, list of children, and valuation of 
property are correct.* 

[Signed] , 

Appellant. 

Sworn to and subscribed before me this day of , 18 — . 

C. D., 
Justice of the Peace. 

3. A complete and correct copy of the appeal and affidavit, 
and all accompanying papers, should be made, to which another 
affidavit should be attached, stating that they are correct copies 
of the papers in the case. 

The form of the affidavit may be as follows : 

A. B. , being duly sworn, deposes and say that the above 
is a full and correct copy of an appeal, and all accompanying 
papers, designed to be sent to the state superintendent. 

[Signed] . 

Sworn to and subscribed before me this day of , 

18— C. D., 

Justice of the Peace. 



This affidavit should be made upon the copy only — not upon 
the original appeal that is to be sent to the state superintend- 
ent. The copy should then be served upon the party from 
whose action the appeal is taken, either by handing it to him, 
or leaving it at his residence. If the appeal is from the action 
of the supervisors, the chairman of the board is a suitable 
party upon whom to serve the copy; if from the proceedings of 
a district meeting, upon the clerk or chairman of the meeting. 
It should not be served, however, upon an individual who did 
not sustain the action appealed from as in that case no answer 
is likely to be made. 

The person serving the copy of appeal should carry with him. 
the original appeal, so that the party from whose action the ap- 

* In other matters than formation or alteration of districts, the latter 
part of the affidavit after the word " belief," may be omitted, or any needed 
change may be made. 



Appeals. 139 

peal is taken may, if willing, admit service of a true copy, by 
the following form indorsed upon the original appeal: 

I, E. F. , do hereby admit service of the above (or within) ap- 
peal. 

[Signed] . 

In case no such admission of service be made, the appel- 
lant will append to his appeal an affidavit of the following 
.form : 

A. B., being duly sworn, deposes and says that upon the 
day of , 18—, he did serve a true and verified copy of 



this appeal, and all accompanying papers, upon E. F. , by hand- 
ing the same to said E. F. (or by leaving it at his residence, as 
the case may be). 

[Signed] . 

Sworn to and subscribed before me this day of , 

18— C. D., 

Justice of the Pease. 

When several persons unite in making an appeal, the affidavits 
may be so changed as to admit the names of all the appellants, 
and each should sign the appeal and subscribe to each and every 
-affidavit. When the action appealed from is the action of sev- 
^eral persons, it is sufficient to serve a copy of the appeal upon 
any one of the number, but it should always be served upon 
one not agreeing with the appellants, that an answer may be 
.made. 

When all the above directions are complied with, the orig- 
inal papers are ready to be forwarded to the state superin- 
tendent. 

4. An appeal should be taken within thirty days from the 
-performance of the act appealed from, or within thirty day s 
after the action complained of has come to the knowledge of the 
appellant. 

THE ANSWER. 

1. The appellee has fifteen days in which to prepare his an- 
swer, and all the directions above given in reference to the 



140 Appeals. 

preparation and service of a copy of the appeal papers, should 
be complied with in preparing and serving the answer upon the 
appellant, before it is forwarded to the state superintendent. 
The forms of affidavit given above will answer in all cases for 
forms to be used by the appellee, by changing the words so that 
the affidavit shall refer to an "answer to an appeal," instead of 
to an appeal, and by signing it as appellee instead of appellant. 

2. The answer to an appeal may be served upon any one of a 
number of appellants. When the town board of supervisors is 
a party, and papers have been served upon the chairman, if he 
is in favor of the party appealing, one of the other supervisors 
should make answer. 

3. In case of neglect of the proper appellees to answer an ap- 
peal, any person having an interest in the matter may make 
answer to it, being governed in all cases by the same rules as 
would govern an appellee. 

KKPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, upon proof that 
new facts have come to the knowledge of the party wishing the 
rejoinder since the appeal or answer was submitted to the state 
superintendent, or that there are material errors in the state- 
ment of the other party. 

GENERAL REMARKS. 

If . the appellant or appellee presents statements of other par- 
ties, these statements should be verified by the affidavit of the 
person making the same. 

All decisions on appeal must be filed or recorded as the state 
superintendent shall direct. 

No decision can be rendered on ex parte statements. No 
papers will be considered that are not properly verified, and 
properly served on opposing parties. 

The propriety of leaving out of appeals all matters of a purely 
personal character, except as they may have a direct bearing 
upon the subject, is obvious. 



Appeals. 141 

As appeals are usually decided upon written and not upon 
oral evidence, it is not necessary or proper for either party to 
appear in person, expecting to be heard in the c'ase, without 
the presence of the other party. 

Particular cave should be taken to follow the directions in re- 
gard to affidavits, serving copy, etc., so that it may not be 
necessary to send papers back for correction. 

Not only must every paper presented in a case, by either party, 
be verified by affidavit, and a copy be served on the other side, 
but in making the copy, care must be taken to copy every affi- 
davit as well as the statement which it verifies. If this is not 
done, the party upon whom such copy is served has no evidence 
that the original was sworn to. 

If the appeal is not taken or the answer or i-ejoinder made 
within the jDrescribed time, the reaso"as for the delay must be 
given. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superintendent 
of schools, may make appeal to the state superintendent, ac- 
cording to section 452, using the following form: 

To A. B.^ County Superintendent of ScJiools for County: 

Sir: You are hereby notified that I intend to appeal from 
your refusal to grant me a certificate, and I hereby ask you for 
your reasons for such a refusal, that I may present the same to 
the state superintendent, with my appeal. 

Respectfully yours, . 

The refusal is ordinarily for alleged want of learning. In 
this case the appellant will usually appear before the state 
superintendent for re-examination. He should not come, how- 
ever, without previous notice; but after notice to the county 
superintendent, as above, and on obtaining the statement of rea- 
sons for refusal, he should forward the same to the state super- 
intendent, notifying him of his desire for a re-examination, 
that a time may be fixed which may be convenient to both 
parties. 



143 Appeals. 

If the appellant and county supei-intendent mutually agree that 
the appeal shall be decided on the papers on which a certifi- 
cate was refused, a re-examination may not be necessary. 

If the refusal is for alleged want of ability to teach, or for 
alleged immorality, the appeal will be decided on the evidence 
submitted in writing by the parties. The papers should be made 
out and verified, and copies served, as provided under the Rules 
for Appeals. 

In case a teacher's certificate is annulled, he also has a right 
of appeal. For this purpose the following form may be used:. 

To A. B., County Superintendent of Schools fo?' County: 

Sir: You are hereby notified that I intend to appeal from 
your action in annulling my certificate, and I hereby ask for 
your reasons for such action, that I may present the same to 
the state superintendent, with my appeal. 

Respectfully yours, . 

The directions given above, in regard to an appeal from a. 
refusal to grant a certificate, are to be followed, as far as ap- 
plicable, in an appeal from the action of a superintendent in. 
annulling a certificate. 



Penalties and Miscellaneous Laws. 14S 



XIV. PENALTIES AND MISCELLANEOUS LAWS. 



Liability of district clerk — Section 498. Every district 
clerk who shall wilfully neglect to make the annual report for 
his district, as required by law, shall be liable to pay the 
whole amount of money lost by such district in consequence of 
his neglect, which shall be recovered in an action in the name 
of and for the use of the district. , 

Liability of town clerk and snperintendent — Section 
499. Every town clerk who shall neglect or refuse to make and 
deliver to the county superintendent his annual report as re- 
quired in this chapter, within the time limited therefor, shall 
be liable on his official bond to pay the town the amount which 
such town or any school-district therein shall lose by such neg- 
lect or refusal, with interest thereon; and every county super- 
intendent who shall neglect or refuse to make the report re- 
quired of him by this chapter, to the state superintendent, shall 
be liable to pay to each town the amount which such town or 
any school-district therein shall lose by such neglect or refusal, 
with interest thereon, to be recovered in either case in an ac- 
tion prosecuted by the town treasurer in the name of the town. 
All money collected or received by any town treasurer, under 
the provisions of this section, shall be apportioned and dis- 
tributed to the school-districts entitled thereto, in the same 
manner that the money lost by any such neglect or re- 
fusal would have been apportioned and distributed. 

Penalties for neglect of duty — Section 500. Every tax- 
able inhabitant receiving the notice mentioned in sections four 
hundred and thirteen and four hundred and fifteen, and every 
chairman of the first district meeting in any district, who shall 
wilfully neglect or refuse to perform the duties enjoined upon 
him by this chapter, shall respectively forfeit the sum of five 
dollars. Every person duly elected to the office of director, 
treasurer, or clerk of any school-district who shall neglect or 
refuse, without sufficient cause, to accept such office and serve 
therein, or who, having entered upon the duties of his office, 
shall neglect or refuse to perfoi^m any duty required of him by 



144 Penalties and Miscellaneous Laivs. 

the provisions of this chapter, shall forfeit the sum of ten dol- 
lars; and every school-district officer who shall neglect or refuse 
to deliver to his successor in office all records, books, and papers 
appertaining to such office, shall forfeit not exceeding fifty dol- 
lars. 

Officers and teachers not to be agents for school hooks, 
etc. — Penalty — Section 501. Neither the state superintendent, 
his assistant, nor any person in his office, nor any county su- 
perintendent, nor school -district officer, nor any officer or 
teacher connected with any public school, shall act as agent or 
solicitor for the sale of any school books, maps, charts, school 
library books, school furniture, apparatus or stationery, or fur- 
nish any assistance to or receive any reward therefor from any 
author, publisher, bookseller or dealer, doing the same. Every 
person violating this section shall forfeit not less than fifty nor 
more than two hundred dollars for each offense, and be liable to 
removal from office therefor. 

Penalty for drawing unanthorized orders — Section 502. 
Every district clerk who shall draw an order upon the treasurer 
for any purpose not authorized by law, and every director who 
shall countersigia such order, shall forfeit for each such order 
not less than twenty nor more than one hundred dollars. 

Section 503 has become 440b. 

Decisions of state snperintendent to he oheyed — Section 

504. In case the town board, or any other officer, shall neg- 
lect or refuse to carry into effect any decision of the state 
superintendent, made upon an appeal from their or his action or 
refusal to act, each supervisor or other officer refusing or 
neglecting shall forfeit the sum of fifty dollars; and every town 
clerk who shall so neglect or refuse shall also be liable to re- 
moval by the town board upon proper notice thereof. 

Actions to recover penalties, prosecution of— Section 

505. All actions for the recovery of any forfeiture incurred 
under the provisions of this chapter shall be prosecuted by the 
director of the school-district interested, except when such di- 
rector has incurred a forfeiture, in which case such action shall 
be prosecuted by the treasurer of such district; and in case 
either shall refuse or neglect to prosecute, he shall forfeit twenty 
dollars. All forfeitures recovered shall be first applied to the 
necessary expenses of such prosecutions, and one- half of the re- 
mainder shall be paid into the district treasury for the use of 
the district, and the other half to the county treasurer, for the 
benefit of the school fund. 

Any voter may prosecute, when — Section 506. When- 
ever any person or officer designated jn this chapter to prose- 



Penalties mid Miscellaneous Laws. 145 

cute an action for a forfeiture, or for a neglect of duty, shall 
fail to prosecute such action for the space of ten days, , after be- 
ing requested in writing by a vote of the proper district so to 
do, any voter may prosecute such action for the recovery of 
such forfeiture, or for any neglect of duty, in the manner here- 
in prescribed. 

District officers, how removed — Section 507. Any school- 
district officer may be removed from office by the county judge, 
for wilfull neglect of any duty, upon the written application of 
the majority of the legal voters of his district, or of any person 
aggrieved by such neglect, containing a full statement of all the 
charges preferred against him. A copy thereof with a notice of 
the time and place when and where a hearing upon the same 
will be had, shall be served upon such officer at least ten days 
before such hearing. Such officer shall have full opportunity to 
be heard in his defense; and the judge, upon satisfactory proof 
of such neglect of duty, may by order remove such officer from 
his office, and in case of removal, shall forthwith file such order 
in the office of the town clerk, and cause a copy thereof to be 
served upon each of the other officers of the district. The per- 
son so removed from office shall not be appointed to fill the va- 
cancy occasioned by such removal; and for all services performed 
by the county judge under the provisions of this section, he 
shall receive three dollars for each day actually employed, to be 
paid by the county. ■ 



JOURNAL OF EDUCATION, DICTIONARIES, ETC. 

Sulbscriptioii for journal — Section 508. Each school-dis- 
trict clerk and each town clerk or secretary of a town board of 
directors, may subscribe annually for one copy of the Wisconsin 
Journal of Education, to be paid for by the district or town 
respectively out of the school money. 

The subscription price of the Journal of Education is $1.00 a 
a year, if paid in advance. Subscriptions, with remittances, 
should be addressed to "Wisconsin Journal of Education, Madi- 
son, Wis. " 

Dictionaries to be supplied schools, and sold at cost — 
Purchased how — Section 509. The state superintendent is 
hereby authorized to furnish to any school district, or to any 
school or distinct department thereof in any city, village or 
town, one copy of Webster's International Dictionary, on the 
10 



146 Miscellaneous Laics. 

receipt of an 'affidavit of the district clerk, the school superin- 
tendent, or tne secretary of the board of education of such vil- 
lage, city or town, that such school or department has not yet 
been supplied, or that the dictionary furnished to such school 
or department has been lost or is unfit for use, and on payment 
in advance of the cost price to said superintendent for any so 
to be replaced; and the state superintendent is further author- 
ized to sell at the cost price to the industrial school for boys 
at Waukesha, the industrial school for girls, at Milwaukee, the 
institution for the blind at Janesville, and the institution for 
the deaf and dumb at Delavan, on the written requisition being 
made by the superintendent of the institution, as many copies 
of Webster's International Dictionary, not exceeding the num- 
ber of school departments in the institution under his charge, 
as may be necessary for the educational purposes of the same. 
The state superintendent may also furnish each county superin- 
tendent of schools, each teacher employed in the several state 
normal schools and the university of Wisconsin, each state offi- 
cer and member of the legislature, and their employes with one 
copy of Webster's International Dictionary at the cost price of the 
same to the state. The state superintendent is hereby authorized to 
purchase from time to time each year at a cost not exceed- 
ing seven dollars per copy, delivered at his office, a sufficient 
number of copies of Webster's International Dictionar-y to fur- 
nish the schools herein provided to be supplied; and there is 
hereby annually appropriated from the state treasury, out of 
the funds not otherwise appropriated, a sum sufficient to carry 
into effect the provisions of this section. 

Books part of library — Section 510. All such dictionaries 
heretofore or hereafter received by the several districts, shall 
belong to the district library, but during the time a school is 
taught they shall be and remain in the school roomSj during 
the hours of school, for the exclusive use of the scholars and. 
teachers and under the control of the teachers or principals^ 
who shall be responsible to the districts for their loss, or for 
any unnecessary damage they may receive. 

Dictionaries to he accounted for — Section 51 1. The state 
superintendent shall pay to the state treasurer, all money re- 
ceived on account of dictionaries sold as aforesaid, and render 
an account of all dictionaries sold in his annual report to the- 
legislature. 



Miscellaneous Laws. 147 



MAP OP WISCONSIN. 

PublicatjOii of railroad maps — Section 1795a. There 
shall be published biennially, under the supervision of the rail- 
road commissioner, fifteen thousand copies of the railroad map 
of Wisconsin, of which eight thousand copies shall be mounted 
on muslin and provided with rollers to be distributed by the- 
state superintendent of public instruction among the schools of 
the state; three thousand copies shall be likewise mounted on 
muslin and provided with rollers, to be apportioned and deliv- 
ered to the members of the legislature; four thousand copies, of 
which three thousand shall be unmounted and one thousand like- 
wise mounted on muslin and provided with roller, to be dis- 
tributed by the railroad commissioner; and a sum of money 
sufficient to carry out the provisions of this act is hereby ap- 
propriated out of any money in the treasury not otherwise ap- 
propriated. 

Residents of districts, who are —Section 512. Every 
person of lawful school age, maintained as a public charge 
shall, for school purposes, be deemed a resident of the district 
in which he lives; for every person so maintained by the county, 
the county board shall for each year allow to the district in which 
such person may attend school, an amount for each person so 
attending equal to the amount expended in that year for each 
pupil in such district for school purposes; and in case such 
person be maintained by any town, such town board shall 
allow a like amount to such district. Such account shall be 
reckoned by the district officers, without reference to the num- 
ber of pauper children attending such school. 

Women may be school officers — Section 513. Every 
woman of twenty-one years of age and upwards, may be elected 
or appointed as director, treasurer or clerk of a school-district; 
director or secretary of a town board, under the township 
system; member of a board of education in cities; or county 
superintendent. 

Section 514 has become section 440a. 



MILITARY training IN SCHOOLS AND COLLEGES. 

(Chapter 260, Laws of 1897.) 

Section 1. The president, or other principal officer of any 
college or school situated in, and incorporated under any law of 
this state, general or special, and which said college or school 



148 Miscellaneous Laivs. 

shall be under military discipline, or maintain a regular mili- 
tary department and have enrolled, uniformed and armed, not 
less than one hundred cadets, may apply in writing, to the gov- 
ernor of this state to have the corps of cadets of such college or 
school inspected by the adjutant-general or other officer ap- 
pointed by the governor for that purpose. 

Section 2. Whenever any such application shall be made to 
the governor, an inspection of the corps of cadets of such col- 
lege or school shall thereafter be annually made during the 
months of April, May or June of each year, upon fifteen days' 
notice by mail, to the president of such college or school by the 
adjutant-general or some officer appointed by the governor for 
that purpose. 

Section 3. Such inspection shall be held in the same manner 
and form prescribed for troops in the service of the United 
States. The inspecting officer shall report to the governor: 

1, The number of officers, non-commissioned officers and pri- 
vates paraded and inspected by him, in the uniform of such, 
corps of cadets. 

2. What such uniform is, and the condition thereof. 

. 3. The discipline and state of instruction of such corps of 
cadets. 

4. The number and amounts of arms, accoutrements, stores 
and military property exhibited to him. 

5. The true condition of tlie same. 

6. If a cavalry company or battery of artillery be maintained, 
what number of horses, where exhibited and their condition. 

7. Whether such corps of cadets has complied with the pro- 
visions of this act and the orders and regulations of the gov- 
ernor so as to be entitled to the benefits of this act. 

8. Such other matters as may be required. 

The inspecting officer shall receive no pay for services but may 
be allowed ten cents per mile for every mile actually traveled, 
to be paid by each of the schools so inspected. 

Section 4. If such inspecting officer shall report that such 
corps of cadets numbers less than one hundred enrolled, uni- 
formed and armed, or if such inspecting officer shall report that 
the condition of such corps of cadets and its military proficiency 
are not such as in his judgment to entitle it to the benefits 
of this act, the governor may. in his discretion, notify the 
the president or other principal officer of such college or school 
that such college or school is suspended fi'om the benefits and 
privileges given by this act and, in such case, no application 
for the benefits heretofore conferred or for an inspection as herein 
provided shall be made or received from such college or school 
for a period of two years next ensuing. 

Section 5. In aH cases where a satisfactory report is made 
by such inspecting officer, of any college or school, the students 



Miscellaneous Laivs. 149 

thereof, residents of this state, graduating during the year 
within which such report is made, and receiving full diploma 
or certificate from such college or school, shall be entitled to 
the honorary rank of second lieutenant in the unorganized mili- 
tia of the state; provided, however, that nothing in this act 
contained shall, be construed to give such graduates any right, 
position or authority, nor any claim upon, 'or emolument from 
the state, other than the honorary rank herein provided for, 
or the right to wear the uniform of the Wisconsin national 
guard, unless such graduate thereafter become a regularly ap- 
pointed commissioned and acting officer in the Wisconsin national 
guard, according to, and under the provisions of chapter 34, 
of the revised statutes of the state of Wisconsin. 



SCHOOL BOARDS IN CITIES OP THE FIRST CLASS. 
(Chapter 186, Laws of 1897.) 

Section 1. The public schools in every city of the first class, 
meaning thereby every city in the state of Wisconsin now or 
hereafter having a population of one hundred and fifty thousand 
or over, whether organized under special charter or under the 
general laws, shall be under the general management, control 
and supervision of a board of school dii-ectors, consisting of one 
director from each ward of such city, to be appointed pursuant 
to the provisions of the next following sections. 

Section 2. All appointments of members of the board of 
school directors of such city shall be made by a commission con- 
sisting of four citizens of suitable character and education, who 
shall be appointed by the mayor of the city, as hereinafter pro- 
vided. Not more than two of the members of such commission 
shall at the time of their appointment belong to the same 
political party; and no person holding any office in any politi- 
cal organization, or any lucrative city, county or state office, 
other than a judicial office or that of notary public, shall be 
eligible to be a member of such commission or of such board of 
school directors. 

Section 3. The mayor of every such city of the first class 
shall, on the second Tuesday of April, in the year 1897, or in 
the next year following the first national or state census showing 
it to be a city of the first class as defined in the first section of 
this act, appoint four commissioners in accordance with the pro- 
visions of section two (2) of this act, designating one of such 
commissioners to hold office for a term of four years, one for 
three years, one for two years, and one for one year from the 



150 Miscellaneous Lcnvs. 

•date of appointment, and thereafter the mayor shall appoint an- 
nually one member of such commission to hold office during a 
term of four years. Any vacancies arising in such commission 
shall be filled by appointment by the mayor for the unexpired 
term. 

Section -l. The commission so appointed shall be known as 
"the " School Board Commission, " and the secretary of the board 
of school directors shall act as secretary of the commission, and 
shall keep a full and complete record of all its transactions. 
The commission shall meet at the secretary's office for the. first 
time on the third Tuesday in April, in the year 1897, or the 
year of its appointment, and shall be organized by selecting one 
of its members as chairman, who shall preside for one year, or 
until his successor is chosen, and said commission shall then 
proceed to divide the number of wards of the city of such com- 
mission into three classes, so that each class shall include as 
nearly as practicable the same number of wards, and so that the 
first class shall include the wards numbered consecutively one 
and upwards; the second class shall include the wards bearing 
the next following numbers, and the third class shall include the 
remaining wards bearing the higher numbers, and said com- 
mission shall then appoint one director to represent each ward 
in such city, those appointed to represent wards in the first class 
to serve for three years, those representing wards in the second 
class to serve for two years, and those representing wards in 
the third class to serve for one year, and thereafter the com- 
mission shall annually on the third Tuesday in April appoint 
successors to the directors whose terms expire, such successors 
to hold office for three years from the date of their appoint- 
ment. All vacancies in said board of school directors caused by 
resignation, removal, death, or resulting from any other cause, 
shall be reported to the secretary, and the school board com- 
mission shall, upon notification by the secretary, immediately 
appoint a successor for the unexpired term. The members of 
every school board commission and board of school directors 
shall, before entering upon the duties of such office, take and 
subscribe the oath of office prescribed in the constitution of this 
state, and shall file the same, duly certified by the officer ad- 
ministering the same, with the city clerk. 

Section 5. The board of school directors so appointed shall 
meet on the first Tuesday in May in each year, and organize by 
the election of the proper officers. A president shall be elected 
from their own number by said board to serve for one year or 
until his successor shall be chosen, and in his absence or during 
his disability the board shall elect a president pro tempore. 
The seat of any member shall be declared vacant, and the 
vacancy shall be filled by appointment in the manner hereinbe- 
fore provided, if the board reports to the commission that said 



Miscellaneous Laivs. 151 

member has been absent for four successive meetings of the 
board without a satisfactory reason. In case of the absence or 
inability, from any cause, of any officer appointed by said 
board, to perform the duties of his office, said board may ap- 
point some suitable person to act in his place and stead during 
his absence or inability; and such person shall have and possess 
the same power or authority as the officer whose place he is 
appointed temporarily to fill. 

Section 6. The members of the board shall be subject to all 
the restrictions, disabilities, liabilities, punishments and limi- 
tations prescribed by law as to members of the common council 
in their city, and they shall be exempt from jury duty. The 
school board commission may remove any member of the board 
for causes for which members of the common council are remov- 
able. The board shall not in any one year contract any debt or 
incur any expense greater than the amount of the school funds 
subject to its order, without a previous ordinance or resolution 
of the common council. A majority of the members of the 
board who have duly qualified, shall constitute a quorum for the 
transaction of business, but a smaller number may adjourn. A 
majority of the whole board shall be necessary to elect any 
officer authorized to be elected by said, board. Regular meetings 
of the board shall be held at least once each month at stated 
times to be fixed and published by the board in its rules, and 
special meetings may be called and held as shall be provided 
by the rules of the board, at which no other business shall be 
transacted than that specified in the notification thereof, which 
shall be given personally or mailed to each member, at least 
twenty-four hours before the time of such meeting. 

Section 7. The board of school directors of each city in which 
this act shall be applicable is hereby authorized acid required, 
subject to the approval of the common council, to establish and 
organize so many public schools, in addition to those already 
established in such city, as may be necessary for the accommoda- 
tion of the children of the city entitled by the constitution and 
laws of the state to instruction therein. The common council, upon 
recommendation and request of the said board as hereinafter 
provided, shall erect, purchase, hire or lease buildings, improve 
or enlai'ge the same, and purchase furniture and lots for the 
accommodation of such public schools of said city. The selection 
of sites for school buildings and the adoption of plans for the erec- 
tion of school buildings shall be determined, first, by the con- 
current action of a committee consisting of the superintendent 
of schools, the president of the board of school directors, the 
building inspector of said city; the members of the board of 
public works, the chairman of the committee on schools of the 
common council, and the chairman of the committee on public 
buildings and grounds of common council, if any or all of such 



152 Miscellaneous Laws. 

officers or committees there be, and if not, then by a committee 
consisting of such of said officers as there may be and three 
members of the common council of such city to be appointed by 
the president thereof, and the decision of such committee 
so formed as aforesaid shall be subject to the approval 
of the common council, and shall not be modi tied or 
amended by said common council, except as to the amount 
of money appropriated for the execution of the work, the 
purchase of sites, or the fulfillment of contracts involved in 
the adoption of such committee's recommendation; provided, 
that if such committee shall be divided in opinion, with a mi- 
nority of at least three members, then the common council shall 
finally decide and may amend such report, and adopt the same 
in such form as said common council shall deem best. The 
schoolhouses now erected and the lots on which they are situ- 
ated, and the lots now or hereafter purchased for school pur- 
poses, and the schoolhouses thereon erected shall be the prop- 
erty of the city, and no lot shall be purchased or leased, nor shall 
any schoolhouse be erected without an ordinance or resolution 
duly passed by the common council. Deeds of conveyance and 
leases shall be made to the city. The said board shall also have 
the power to establish and define from time to time the bounda- 
ries of all common and high school districts, in such manner as 
they may deem best calculated to promote the interests of the 
schools. The board shall also have the power, subject to the 
powers and regulations of the city service commission, to em- 
ploy all janitors necessary in the schoolhouses of their city, 
and to fix their compensation ; but the principal of each school 
shall be custodian of all buildings and rooms occupied by the 
school over which he presides, and shall have the general super- 
vision over the same, and shall direct the janitor thereof in 
relation to the keeping and care of such buildings and rooms. 

Section 8. The board of school directors shall have the power 
to adopt for use in the several public schools of any such city, 
suitable text-books, subject to the provisions of the next follow- 
ing section. Said text-books shall be uniform in the various 
schools, and when the board shall have adopted, for use in the 
public schools of any such city, any text-book, or text-books, 
the same shall not be changed by the board for five years next 
thereafter; and the board shall require that the system of in- 
struction in the several schools under its control shall be as 
nearly uniform as possible, and shall adopt at its discretion, 
and modify or repeal, by-laws, rules and regulations for its own 
government, and for the organization, discipline and management 
of the public schools under its control, and generally adopt such 
measures as shall promote the good order and public usefulness 
of said schools; provided, that such by-laws, rules and regula- 



Miscellaneous Laws. 153 

tions shall not conflict with the constitution and laws of the 
state. 

Section 9. The board of school directors shall elect by bal - 
lot on the first Tuesday of March next following the date of 
their first appointment, and every third year thereafter, a per- 
son of suitable learning and experience in the art of instruc- 
tion, and practical familiarity with the most appi'oved methods 
of organizing and conducting a system of schools, for superin- 
tendent of schools, arid said superintendent shall hold his office 
for three years, or until his successor is elected, except in case 
of removal as hereinafter provided. The superintendent of 
schools shall, under the direction of the board, have a ger eral 
supervision of the public schools in the cities aforesaid and of 
the manner of conducting and grading them, and of the teach- 
ers; and shall appoint, subject to confirmation by the board, an 
assistant superintendent, and such other assistants and super- 
visors of the several departments as may be authorized by 'the 
board; provided, that the creation of any new office or the in- 
creasing of any salary' of any officer, teacher or employe, by the 
said board of school directors, shall, after the adoption of any 
resolution therefor by said board be submitted to the mayor of 
any such city who may exercise the veto power with respect 
thereto, in the same manner and with like effect as he now may 
exercise such power with the respect to resolutions of the com- 
mon council of any such city. Such superintendent shall, in ■ 
connection with the assistant superintendent and the president 
of the board, and two members of the board to be appointed by 
the president acting as a committee, examine, certificate, employ, 
classify, transfer and promote teachers for the several 
public schools of his city, on a strict basis of eligibility and 
fitness, subject to confirmation by the board; and he shall, to- 
gether with said assistant superintendent and president, and two 
members of the board select and determine courses of study in 
the schools under his supervision, and the text books to be 
used therein, subject to confirmation by the board, and he shall 
do and perform all such other duties as may be required by the 
board; provided, that in case of disagreement and failure of 
decision by a majority vote of said committee consisting of the 
superintendent, assistant superintendent and president and two 
membi^rs of the board, the board may deterhiine the matter by 
a majority vote of its qualified members ; and he shall, also, in 
connection with the assistant superintendent and president, 
and two members acting as such committee, by a majority vote 
thereof, dismiss teachers and janitors for misconduct, incompe- 
tency, inefficiency or inattention to duty. Said superintendent 
shall receive a salary not exceeding four thousand dollars per 
annum, to be fixed by the boax^d of school directors. The as- 
sistant superintende at and other assistants and supervisors here- 



154 Miscellaneous Laivs 

inbefore referred to shall hold their several positions during the 
term for which the superintendent is elected, except in case of 
removal by him. The salary of the assistant superintendent 
shall not exceed two thousand five hundred dollars per annum, 
and the other assistants and supervisors shqll receive such 
compensation as the board may determine. The superintendent 
and assistants who may be in office at the time this act shall 
go into efSect, in any city, shall continue in office until the 
election provided for by this section, subject to removal as in 
this act provided. 

Section 10. The board shall also appoint, as a vacancy shall 
occur, some suitable person to act as secretary of the board, 
who shall receive a salary not exceeding two thousand dollars 
per annum, to be fixed by such board. It shall be his duty to 
attend the meetings of the board, to keep a record of the pro- 
ceedings, and a full and fair account of all receipts and expen- 
ditures of the board, and to do and perform such other duties 
as shall be required of him by said board. The secretary of 
the board shall, before entering upon the duties of his office, 
execute a bond to the city for which such is appointed, in such 
form and penalty and with such conditions as the board shall 
prescribe, with sureties to be approved by said board, whicli 
bond shall be filed with and kept in the office of the city clerk of 
said city, and the board may require security to be given for the 
faithful performance of his duties by any officer or employe of 
said board, in such form and amount as the board shall deem 
best, and may at any time require of any officer or employe, 
additional bonds and sureties, in its discretion. The secretary 
of the board shall also take the annual enumeration of the chil- 
dren of school age in the city, required by law, and shall at the 
same time collect such further statistics and information relat- 
ing to schools and to the population entitled to school privileges 
in said city as may be directed and required by the board, and 
he shall receive for such service a compensation or fee of two 
cents per capita upon the entire enumeration of persons between 
the ages of four and twenty, residing in said city, to be audited 
by the board and paid out of the funds provided for the support 
of the schools. 

Section 11. It shall be the duty of the secretary of the 
board, within thirty days after the appointment of teachers and 
other salaried employes, to report to and file with the city 
comptroller or other auditing officer of the city, a duly certified 
list of teachers and employes so appointed, with the salary al- 
lowed to each and a statement of the time or times fixed for the 
payment thereof. He shall also as often as any action by said 
board changing the salaries of any of the officers of said board, or 
of any of such teachers or employes, or making a new election 
or appointment to any position entitling the person appointed to 



MifiCellaneous Laius. 155 

receive a stated salary, immediately after such action is had, in 
like manner file with such comptroller or other auditing officer a 
certified list and statement of all such changes and appointments. 
All claims and demands against the city or board, before they 
are allowed by the board, shall be audited and adjusted by the 
comptroller or other auditing officer of such city and immediately 
after the allowance by the board of any claim or account, i"t 
shall be the duty of the secretary of the board to furnish to 
such comptroller or other officer a complete list of the same, to- 
gether with the proper vouchers, stating the character of the 
material or service for which the same were rendered; and be- 
fore a warrant shall be issued therefor, it shall be the duty of 
such comptroller or other officer to sign the same. And said 
secretary shall also make and file with the said comptroller or 
other auditing officer quarterly statements of the condition of 
the fund for the support of schools and of the financial transac- 
tions of the board during the three months next preceding such 
statemeiit. 

Section 12. The superintendent of schools, or the secretary of 
the board, may be removed from office for misdemeanor in office, 
incompetency or inattention to the duties of his office, by a vote 
of two-thirds of the board ; provided, that notice in writing of 
charges against him and of the time and place of hearing and 
acting upon the same, shall be served upon the accused at least 
five days before the time of hearing and before any action shall 
be taken by the board thereon. And the accused shall be heard 
by himself or counsel, and either party may produce witnesses 
who shall be sworn by the president of the board and give 
testimony subject to the pains and penalties of perjury. 

Section 13. The board of school directors is hereby authorized, 
and it shall be their duty, to maintain the high schools now estab- 
lished in said cities, and to establish and maintain such other 
high schools as may from time to time be found necessary by 
them, and said board shall divide said cities into high school- 
districts, and said schools shall be open to students residing 
within said districts. 

Section 14. The high schools shall be public schools, and as 
such, under the same supervision and control in respect to 
location, buildings, leases, furniture, teachers, text books, and 
course of study, and all other matters as is provided hereinbe- 
fore in the case of common schools. 

Section 15. The course of study in the high schools shall be 
liberal, and shall embrace such studies as said board and the 
superintendent may deem proper, and the board shall have 
power to grant diplomas in testimony of scholarship and liter- 
ary acquirements. 

Section 16. The said board shall report to the common coun- 
-cil of each city under this act, at or before the first meeting of 



156 Miscellaneous Laws. 

the council in Januai^y in each year, the amount of money re- 
quired for the next fiscal year for the support of all the public 
schools, including high schools in said city; and it shall be the 
duty of said common council to levy and collect a tax in addi- 
tion to the tax to be levied for general city purposes upon all the 
taxable property of said city, at the same time and in the same 
manner as other taxes are levied and collected by law, which 
with the other funds provided by law and placed at the disposal 
of said city for the same purpose, shall be equal to the amount 
of money required by said board for the support of said schools; 
provided, that the said common council may by the vote of two- 
thirds of all the members elect, levy a tax for a greater or less 
amount for such purpose. The said tax and the entire school 
fund of the city shall not be used or appropriated directly or in- 
directly for any other purposes than the payment of the salaries 
of the superintendent of schools and his legally authorized as- 
sistants, the secretary of the school board, the legally qualified 
teachers, whose appointments are confirmed by said board, and 
such other employes as the board may deem necessary, and the 
necessary and current expenses of the schools, including the 
purchase of school supplies, apparatus, fuel, gas, 'electricity or 
electrical power and the ordinary and necessary repairs of 
school furniture. All moneys received by or raised in such 
city for school purposes shall be paid over to the city treasurer 
to be disbursed by him on the orders of the president and sec- 
retary of said board, countersigned by the city comptroller; 
provided, that the president instead of signing each order may 
certify upon the payrolls furnished by the secretary to thecomp 
troller to the fact that the amounts therein are correct as al- 
lowed by said board. 

Section 17. The common council shall, in addition to the 
funds hereinbefore provided for the support and maintenance of 
the public schools, set aside from the general city fund a suffi- 
cient sum of money to be subject to the order of the board of 
school directors upon bills duly allowed, to defray the expense 
of urgent and necessary repairs of school buildings, including 
floors, interior wood work, plumbing, heating and ventilating 
apparatus, windows, plastering, roofs, fences and sidewalks, and 
such minor repairs as may be indispensable to the health and 
safety of the occupants of such school buildings. 

Section 18. The board shall be governed in all things by the 
school laws of the state, except as they are altered or modified 
by this act. They shall report to the common council annually 
the general proceedings and acts of said board, the number and 
condition of the public schools kept in said cities during the 
year, and the time they have severally been taught, the number 
and names of teachers; the number of children taught in said 
schools respectively, the result of the annual enumeration re- 



Miscellaneous Laws. 157 

quired by law; the extent of school accororaodations in the sev- 
eral schools ; the amount of school money raised or received dur- 
ing the year, distinguishing the amount received from the state 
fund from the amounts derived from taxes levied by the county 
board of supervisors and by the common council respectively, 
and the accounts allowed by them against the school fund in de- 
tail, together with such other information as they may deem 
useful, or as the common council may require. A copy of said 
report shall be transmitted to the state superintendent of pub- 
lic instruction, and a like copy to the librarian of the state his- 
torical society at Madison. 

Section 19. No member of the school board commission or 
board of school directors, superintendent, assistant superintend- 
ent, secretary of the board, other assistant, teacher of any com- 
mon school or high school, or janitor or other employe of the 
board, shall be in anywise interested in any purchase or sale of 
any real or personal property by the city for the use or conven- 
ience of any of the schools, and no such contract made in viola- 
tion of this provision shall be valid, and any consideration paid 
by the city upon any such purchase or sale herein prohibited, 
may be recovered in an action at law in the name of the city 
aggrieved thereby, and any person so offending against the pro- 
visions of this act shall be removed from any position held by 
him under this act. 

Section 20. The members of the school board, of any city 
who may be in office at the time this act shall go into effect in 
such city, shall continue to act as such board until the date 
herein prescribed for the first meeting and organization of the 
board of school directors for such city to be appointed under 
this act, and their official term and authority shall then cease. 

Section 21. This act is not intended to affect the term of office 
of any person now serving in any capacity by virtue of an appoint- 
ment heretofore made by the school board in any such city, but 
such officer shall continue to serve in the same capacity under 
the board of school directors hereby created for the term for 
which he was so appointed ; subject, nevertheless, to be removed 
from such office for the causes and in the manner mentioned in 
this act. Any vacancy for any. cause occurring in any office, 
subject to the provisions of this act, shall be filled by appoint- 
ment for the unexpired term. 

Section 22. This act is amendatory of the charters of the var- 
ious cities to which it applies or may hereafter become ap- 
plicable, and any provisions of said charters inconsistent here- 
with is hereby modified, amended or repealed by this act to the 
extent necessary to give full force and effect to the intent 
hereof. All acts or parts of acts contravening the provisions 
of this act are hereby repealed. 



158 Miscellaneous Laws. 



TEXT-BOOKS IN CITIES, ETC. 



Text-lbooks, how prescribed in cities — How changed — 

Section 514. The several boards of education having the gov- 
ernment in cities of the public schools shall determine what 
school and text-books shall be used in the several branches of 
study pursued in the schools and shall make a list of such 
books, tile a copy with their clerk or secretary and keep a copy 
publicly posted in each school building. When any such text- 
books shall have been adopted they shall not be changed for the 
term of three years. Any board of education in any city where 
the district system is not in force may, under the limitations of 
this act, oi'der changes in text-books : provided, that said 
changes shall be approved by the common council or board of 
aldermen of such city; and the aforesaid boards of education are 
hereby authorized to purchase text- books for use in the public 
schools, and to loan or furnish them to pupils under such con- 
ditions or regulations as they may prescribe. But no text-books 
shall be permitted in any free public schools which would have 
a tendency to inculcate sectarian ideas. 



SCHOOL OF science. 

School of science, etc. — Section 3916. There is hereby 
annually appropriated out of any funds in the state treasury 
not otherwise appropriated, the sum of one thousand dollars to 
aid in maintaining a summer school of science, literature, 
language and pedagogy, in connection with the University of 
Wisconsin. 

Teachers and expenditures — Section 391c. All teachers 
employed in the school mentioned in section one of this act 
shall be designated by the state superintendent and the presi- 
dent of the university jointly, and all expenditures for assis- 
tants, apparatus and other incidental purposes, together with 
the salaries of teachers, shall be certified by the same officials. 

How expenses paid — Section 391 1/. Whenever the state 
superintendent and the president of the University of Wisconsin 
shall certify that a summer school for teachers has been main- 
tained during. the months of July or August in any year for the 
period of four weeks or more, and the person named in the cer- 
tificate is entitled to the sum named therein for services or ma- 
terial furnished in connection therewith, the secretary of state 
shall draw his warrant on the state treasurer in payment 
thereof. But no warrant shall be drawn in excess of the amount 
herein appropriated in any year. 



Miscellaneous Laws. 159 



EXTRACTS FROM REVISED STATUTES — OFFENSES. 

Injury to public buildings, to timber on state or county 
lands; removing stone or mineral from lands, etc. Sec- 
tion 4442. Any person who shall wilfully, maliciously or want- 
only cut down, injure or destroy any tree or timber, growing 
or staudins: upon land belonging or mortgaged to or held in 
trust by the state, or any county therein, or take and carry 
away any timber or wood so cut or severed, or previously cut 
and severed, and remaining upon said land, or who shall so dig 
or carry away any mineral, earth or stone from such land, or 
mutilate, deface, injure or destroy any building or other struc- 
ture belonging to the state, or to any county, town, city, village, 
school-district or school board, board of trustees, corporation, 
company or association, and used for religious, educational, 
penal, correctional, charitable or other public purposes, or any 
building or any personal property whatever, of any private per- 
son or co-partnership, shall be punished by imprisonment in 
the county jail, not more than six months, or by fine not ex- 
ceeding one hundred dollars. 

. Officers not to do various things — Section 4549. An 
officer, agent or clerk of the state, or of any county, town, 
school-district, school board, city or village therein, or in the 
employment therof, or any officer, regent, treasurer, secretary, 
superintendent, clerk or agent, of any penai, correctional, edu- 
cational or charitable institution, instituted by or in pursuance 
of law, within this state, or any member of any body or board, 
having charge or supervision of such institution, who shall 
have, reserve or acquire, any pecuniary interest, directly or 
indirectly, present or prospective, absolute or conditional, in 
any way or manner, in any purchase or sale of any personal or 
real property or thing in action, or in any contract, proposal 
or bid in relation to the same, or in relation to any public 
service, or in any tax sale, tax title, bill of sale, deed, mort- 
gage, certificate, account, order, wairant or receipt, made by, 
to, or with him, in his official capacity or employment, or in 
any public or official service, or who shall make any contract or 
pledge, or contract any indebtedness, or liability, or do any 
other act, in his official capacity, or in any public or officia. 
service, not authorized or required by law, or who shall make 
any false statement, certificate, report, return or entry, in any 
book of accounts or of records, in respect to anything done or 
required to be done by him officially, or in any public or official 
service, shall be punished by imprisonment in the county jail, 
not more than one year, or by fine not exceeding five hundred 
dollars. 



IGO Miscellaneous Laws. 

Officers uot to discount claims; neglect of duty — Sec- 
tion 4550. Any poi^son metitioned in ^ the next preceding sec- 
tion, who shall pay, redeem, discount or purchase, any debt, 
claim or demand, in favor of any other person agaiast the state, 
or any county, town, school-district, school board, city or vil- 
lage therein, or against any fund thereof, below the true and 
full amount thereof, or who shall pay any such debt, claim or 
demand, for any purpose, out of any fund not provided for such 
purpose, or who shall willfully violate any provision of law, 
authorizing or requiring anything to be done, or prohibiting 
anything from being done, by him in his official capacity or 
employment, or who shall refuse or wilfully neglect to perform 
any duty in his office I'equired by law, or shall be guilty of any 
wilful extortion, wrong or oppression therein, shall be punished 
by imprisonment in the county jaiL, not more than one year, or 
by fine not exceeding five hundred dollars. 

Refusal to deliyer money, books, etc., to successor — 

Section 4553. Any public officer whatever, in this state, who 
shall, after the expiration of his term of office, refuse or wil- 
fully neglect to deliver, on demand, to his successor in office, 
after such successor shall have been duly qualified and be en- 
titled to said office according to law, all moneys, records, books, 
papers, or other property belonging to said office, and in his hands 
or under his control by virtue thereof, shall be punished by im- 
prisonment in the county jail, not more than six months, or by 
fine not exceeding one hundred dollars. 

Disturbing schools — Section 4572. Any person who shall 
wilfully, maliciously or wantonly interrupt, or in any way mo- 
lest or disturb any private or public school, while in session, 
shall be punished by imprisonment in the county jail, not more 
than thirty days, or by a line not exceeding fifty dollars. 

Removal of county superintendent — Judge— Section 975. 
The judge of the circuit court may in term-time or vacation, 
by an order specifying the cause thereof, a copy of which he 
shall certify to the county clerk, remove any county superin- 
tendent of schools in his circuit for incompetency, wilful neg- 
lect of duty, or for acting as agent -for, or receiving any fee or 
reward from any author, publisher, bookseller, or dealer in 
school books, maps or charts, or school library books, or school 
furniture or apparatus. Such removal shall be made only upon 
a petition, setting forth fully the charges preferred against 
him, and after a copy thereof, with a notice attached, stating 
the time and place, when and where such petition will be pre- 
sented to such judge, shall have been personally served upon 
such superintendent at least thirty days before the hearing, 
and an opportunity given him to be heard. The testimony shall 
be taken and the proceedings conducted summarily under such 
reasonable regulations as the judge shall prescribe. 



Miscellaneous Laws. 161 

Physical education — Section 1. (Chapter 86, laws of 1897.) 
Physical education may form a part of the regular school curric- 
ulum in all normal, high and city schools, entirely or partly 
maintained b}'' the state. 

Section 2. In all normal schools and normal departments of 
high schools the instruction of the pupils may be such as to en- 
able them to become competent teachers of physical education 
in common or graded public schools. 

InYestmeiit of school funds. — Section 1. (Chapter §8, laws 
of 1897.) The board of education or school board of any city 
in this state having the care or custody of school funds, or 
management of the finances of the public schools therein, may, 
for the purpose of better securing or protecting such funds, by 
a vote of a majority of all of its members elect, in lieu of desig- 
nating banking depositories or any other disposition provided for 
the care or kee]3ing of such funds, invest the same, or such 
portion or portions thereof, as it may deem expedient, in the 
registered bonds of the United States, at their market value. 

Section 2. Whenever such board of education or school board 
shall, by resolution adopted at any regular meeting by such ma- 
jority vote, decide to make such investment of anj?- portion of 
such funds, the treasurer of such board shall be directed to pur- 
chase such bonds with such funds and register and keep the 
same under such regulations as such board may prescribe. 

Section 3. Whenever such bonds have been purchased for 
said purpose, such board may at any time direct'its treasurer to 
sell the same for cash, at their market value, or parts thereof, 
from time to time, for current expenses, as said board shall deem, 
expedient, and provide for the keeping of such bonds in accord- 
ance with other provisions of law pertaining thereto. 

Arhor and hird day — Section 1. (Chapter 61, laws of 1897. ) 
Section 1, of chapter 417, laws of 1889, is hereby amended by 
striking out all of said section and substituting therefor the fol- 
lowing, so that said section when so amended shall read as fol- 
lows : Section 1. The governor is hereby authorized to set 
apart each year by proclamation, one day, to be designated as 
Arbor and Bird day, and to request its observance by all pub- 
lic schools, private schools, colleges and other institutions, by 
the planting of trees, the adornment of school and public 
grounds, and by suitable exercises having for their object the 
advancement of the study of arboriculture, the promotion of a 
spirit of protection to birds and trees, and the cultivation of an 
appreciative sentiment concerning them. 

Auditing of accounts — Section 1. (Chapter 296, laws of 
1895.) No claim or account shall be hereafter paid by or under 
the authority of the board of regents of normal schools and the 
11 



161 Miscellaneous Laws. 

board of regents of the state university unless the said claim or 
accouQt shall specify the nature and particulars thereof, and be 
verified by the oath, affidavit or afflrmatioa of the claimant or 
his agent, in writing, and shall have been certified in writing; 
thereon by the officer or member of said board designated by 
resolution of said board to certify claims and accounts for pay- 
ment. 

Section 2. It shall be the duty of each of said boards within 
ten days after the expiration of any quarter to transmit to the 
secretary of state an itemized statement of all payments made 
by it or under its authority during the preceding quarter, cer- 
tified by the president and secretary of said board, which said 
statement shall be included in the biennial report of the secre- 
tary of state. 

Women on school boards — Section 1. (Chapter 51, laws 
of 1897.) Any city of the second or third class, now existing 
under special charter, as defined by chapter 238, of the laws of 
this state, passed in 1-895, may by ordinance adopt section 2 of 
this act in the manner following: Such ordinance shall be in- 
troduced at some regular meeting of the common council and nO' 
action shall be taken thereon before the next regular meeting 
thereof, jor some later one; and before final action is taken 
thereon it shall be published at least once in each week for three 
successive weeks in the official paper, or some other newspaper 
to be designated by the city council, together with a notice of 
the time at which sucli proposed ordinance will be considered. 
No city shall be deemed to surrender any part of its special 
charter till these requirements shall have been fully performed. 
The adoption of such ordinance shall be by at least three-fourths 
of all the members-elect of the common council voting therefor.. 
When adopted as herein provided such ordinance shall be deemed 
a repeal of all parts of the special charter inconsistent there- 
with and an amendment thereof to conform thereto. 

Section 2. Any woman over twenty-one years of age having 
an actual residence of at least one year next preceding the time 
of her election or appointment in the ward or district from 
which she may be elected or appointed, owning at that time 
real estate in her own right situate in such ward or district, 
may be elected to or appointed upon school board or boards of 
education in such cities, and hold and exercise all the powers, 
and duties of such office, as if she were an elector at general 
elections in this state. Removal from such ward or district 
will create a vacancy in the office so filled. 

Interest on school loans — Section 1. (Chapter 73, laws of 
1895.) The commissioners of public lands are hereby authorized 
and directed to credit any school -district to which a loan has 
been made from the trust funds since the passage of chapter 187^ 



Miscellaneous Laws. 16o 

of the laws of 1893, any and all amounts of interest paid by- 
such school district in excess of four per cent., as required by 
said chapter; said credit to be given upon the next payment of 
interest falling due upon said loan, and said commissioners are 
further authorized and directed to reduce the interest hereafter 
to be paid upon all such loans to four per cent, per annum. 

Construction of schoolhouses — Section 1636c. (Chapter 
190, 1885.) All churches, public and private schoolhouses, 
hotels, factories and other manufacturing establishments, con- 
structed at any time after the passage of this act, shall be so 
constructed that the doors shall swing outward, or both in and 
out, as the builders thereof may elect. 

State aid for instruction of deaf mutes — Section 1. 
(Chapter 321, laws of 1897.) Section 3, of chapter 315, laws of 
1885, as amended by section 1, of chapter 305, laws of 1893, i& 
hereby amended by striking out the words "one hundred and 
twenty-five" where they appear in said section and inserting in. 
lieu thereof the words "one hundred and fifty. " 



GENERAL CHARTER LAW DIVIDING CITIES INTO CLASSES AND PROVID- 
ING FOR THEIR INCORPORATION AND GOVERNMENT. 

Schools — Section 113. In every city which shall adopt this 
act for its government, if there shall be at the time of such 
adoption a board of education or school board, elected by the 
people under the provisions of its charter, or where the school 
district system is in force, the election and organization, powers 
and duties of such board shall not be effected by this chapter, 
but such system shall continue as the law of such place, until 
changed by a vote of the electors of the city. In all other cities 
governed by this act, the board of education shall consist of one 
commissioner from each ward and three from the city at large, 
to be appointed by the mayor and confirmed by the common 
council. The mayor, in appointing the first board under this 
act, shall divide the members into three classes, as nearly equal 
as may be, one of the commissioners at large being in each class, 
and shall appoint those of one class for one year, those of 
another class for two years, and those of the remaining class 
for three years. Each commissioner shall hold his office for the 
term designated in such classification, and until his successor 
shall have been appointed and qualified. After that, all com- 
missioners shall be appointed, and shall hold their offices for the 
term of three years, and until their successors shall have been 
appointed and qualified. 



164 Miscellaneous Laivs. 

Section 114. The first meeting of the board each year shall 
be held on the first Monday in May, or as soon thereafter as 
may be. At its first meeting each year the board shall elect 
one of its members president and another vice-president. The 
president shall preside and preserve order at every meeting of 
the board at which he shall be present, aifid he shall perform 
such other duties as the board shall, by rule, by-law or resolu- 
tion, from time to time require of him. It shall be the duty of 
the vice-president to discharge the duties of the president in 
his absence. 

Section 115. In cities of the first class the board of educa- 
tion shall annually at its first meeting, or as soon thereafter as 
may be, elect a secretary, who shall not be a member of the 
board. In cities of the second, third and fourth classes, 
the city clerk shall be ex-officio secretary of the board. In 
cities not under the supervision of a county superintendent, the 
board shall in like manner, annually at its first meeting, or as 
soon thereafter as may be, elect a superintendent of schools for 
the city, who shall not be a member of the board. These offi- 
cers shall hold their respective offices for one year and until 
their successors shall have been elected, unless sooner removed 
by a resolution adopted by the board by a vote of two-thirds 
of its members. 

Section 116. The board of education shall have authority: 

First. To establish and organize such high schools and so 
many district schools and branches of the same, primary 
schools, night schools and kindergartens as they shall deem ex- 
pedient. 

Second. To establish and change, from time to time, such and 
so many school districts as shall include all the territory of the 
city, and to afford to the people of the city such district school 
facilities as the cii-cumstances of the city and its various parts 
may from time to time require: provided that in cities adopt- 
ing this act, or being newly organized under it, the school-dis- 
tricts already established shall remain until otherwise ordered 
by the board. 

Third. To purchase and preserve such school apparatus as 
may from time to time be required. 

Fourth. To grade the schools and prescribe the course of 
study to be pursued therein, and to prescribe the text-books to 
be used, provided that such text-books shall not be changed 
oftener than once in five years. 

Fifth. To employ teachers of all grades and fix their sala- 
ries. 

Sixth. To prescribe rules of order for the regulation of their 
own meetings and deliberations, alter and i^epeal the same from 
time to time as they shall see proper. 



Miscellaneous Laws. 165 

Seventh. To appoint all necessai'y standing and special com- 
mittees. 

Eighth. To enact, amend and repeal all necessary rules, reg- 
ulations and by-laws for tlie government of the schools, teachers 
and school officers. 

Ninth. To fix the salaries and prescribe the duties of the 
superintendent of schools in cities not under the supervision of 
a county superintendent, to authorize him to appoint such as- 
sistant superintendents, either for general or special service, 
as they may deem necessary, and to fix the salaries of such 
assistant superintendents; to fix the salary of the secretary of 
the board and his assistants, and prescribe the duties of the 
secretary whether he be the city clerk, or one specially elected 
by the board, and in the latter case to authorize such secretary 
to appoint such assistants as they may deem necessary. 

Tenth. ' To contract for and purchase all necessary fuel for 
the schools and school offices, and to provide for lighting the 
same, and to appoint janitors for the school buildings and 
school offices, and to fix their salaries. 

Eleventh. To estimate the expenses of the public schools of 
the city as hereinafter provided. 

Twelfth. To exercise all the powers necessarily incident to 
the powers herein conferred. 

Section 117. It shall be the duty of the board of education 
to hold monthly meetings at such times as the board shall from 
time to time prescribe, and special meetings of the board may 
be held under such rules and regulations as such board may 
prescribe. 

Section 118. It shall be the duty of the board of j^ublic 
works, under the direction of the common council to erect and 
keep in repair all school buildings and to provide suitable offices 
for the board of education, the secretary of the board of educa- 
tion, if there be one, other than the city clerk, and the city 
superintendent of schools, if aiay. In the absence of permanent 
school buildings, or proper offices for the transaction of school 
business, the board of public works may rent suitable rooms, 
temporarily, for schools or offices, or either. 

Section 119. The board of education shall as early as the 
first day of October each year, make an estimate of the expense 
of the public schools in the city for the ensuing year, including all 
necessary incidental expenses, and the amount thereof which it 
will be necessary to raise by city taxation, and to certify the same 
to the city clerk, who. shall lay the same before the common coun- 
cil, who shall include the same, or so much thereof as they shall 
approve, in the annual budget to be raised by a tax called the 
city school tax, which shall be collected the same as other 
taxes. It shall be the duty of the city treasurer to set aside and 
keep all moneys raised in any way for school purposes, whether 



tfQQ Miscellaneous Laws. 

hj the state, the county, or the city, coming into his hands, in 
.a separate fund, to be called the school fund, and to pay out 
the same upon the orders of the board of education, signed by 
the president and certified by the secretary of that board ; pro- 
vided, that in any city adopting this act, if at the time of such 
adoption the board of education or school board shall have 
power to levy the city school tax, or the district school taxes, 
such power shajl continue unaffected by this chapter, and this 
section shall not apply to such city, nor be in force therein, 
until specially adopted by a vote of three-fourths of the mem- 
bers of the council; provided, that teachers' and janitors' sal- 
aries may be included in a single order each month in the form 
of a pay roll, to be signed by the president and certified by the 
secretary of the board of education. 



Township System of School Qovei^nynent. ]67 



XV. TOWNSHIP SYSTEM OF SCHOOL GOVERN- 
MENT. 



Each town a district — SuMistricts — Section 516. Every 
town which is now or may hereafter be organized in this state 
is hereby declared and constituted one school-district, for all 
the purposes in this chapter hereinafter prescribed, and the 
several school-districts and parts of joint districts, which are 
now or may hereafter he established in the several organized 
towns, shall be styled and known as subdistricts, whenever 
such town shall have voted to adopt the township system of 
school government, as provided in section five hundred and fifty- 
two. 

SuMistricts, liow formed — Section 517. New subdistricts 
may be formed, and the boundaries of any subdistrict may be 
altered by the town board of directors at any regular meeting 
of said board ; but the formation and alteration of any joint sub- 
district shall be by concurrent action of the boards of directors 
of all the towns embraced in part in such subdistricts; provided, 
that no subdistrict shall be maintained or hereafter formed 
which has residing within its limits less than fifteen children of 
school age; provided, further, that in any subdistrict the 
town board may maintain so many branch schools as the con .\j''^/y>^jxa ^ ^ 
-"vience of the school population may require. 

Jioard of directors — Section 518. The clerks of the sev- 
eral subdistricts in any organized town, together with the 
clerks of the joint subdistricts, the schoolhouses of which are 
situated in such town, shall constitute the town board of school 
directors. 

Their powers — Section 519. The said board shall be a 
body corporate, and shall possess the usual powers of a corpora, 
tion for public purposes, by the name and style of " the board 

of school directors of the town of " (the name of the town 

to which the board belongs), and in that name shall sue and be 
sued, and be capable of contracting and being contracted with, 
and of holding real and personal estate, and of selling the same, 



168 Toivnship Sy stein of School Government. 

as authorized by the provisions of this' act; and the clerks of 
the various school-districts, together with the clerks of the joint 
school-districts, the schoolhouses of which are situated in any 
town adopting the township system, shall constitute the first 
board of directors of such town; they shall meet and organize 
within two weeks after the election at which such township 
system shall be adopted; and they shall hold their offices until 
the next annual meeting of the subdistricts of such town. 

Lease of school property — Section 520. The board of di- 
rectors in each town are hereby invested, in their corporate 
capacity with the title, care and custody of all schoolhouses, 
schoolhouse sites, furniture, apparatus, and other property of 
all kinds belonging to the subdistricts therein, with full power 
to control the same in such mannei" as will best subserve the in- 
terests of the schools in such town. 

Time and place of meetine^s of board — Section 521. The 
said board shall hold two regular meetings in each year. The 
first regular meeting shall be designated the annual meeting, 
shall occur upon the second Monday in July in each year, and 
be held at, or as near as may be, the place where the last annual 
election was held. The second regular meeting shall be desig- 
nated the semi-annual meeting, shall occur on the third Monday 
in March in each year, and be held at such place as the board 
may designate by rule, or at the preceding annual meeting. 
The hour of meeting shall be ten o'clock in the forenoon. 

Special meetings, how called — Expenses of hoard — Sec- 
tion 522. Special meetings may be called by the secretary, or 
in his absence or disability, by the president, upon the appli- 
cation of one-third of the members of the board. Such meetings 
shall be called by notifying each member of the board person- 
ally, or by leaving a written notice at his place of residence or 
business, stating the tinae, place and objects of the meeting, at 
least five days before the time appointed therefor. The mem- 
bers of the board of school directors shall be reimbursed for ex- ' 
penses actually and necessarily incurred in attending all meet- 
ings of the board, bills for which shall be audited by the board. 

Officers oi' hoard — Secretary's compensation — Section 
523. The members of the board of school directors, a majority 
of whom shall constitute a quorum, assembled at the first and 
each succeeding annual meeting, shall elect from their number 
a president and a vice-president; also a secretary, who may or 
may not be of their number, but who shall be a resident of the 
town to which the board belongs, and hold said office for one 
year, or until his successor is elected. Such secretary shall 
receive a compensation for services rendered at not less than 
two nor more than three dollars per day; by vote at the annual 



Toivnship System of School Government. 169 

town meeting the electors may limit the number of days for 
which he shall receive compensation during the year, and he 
shall present a statement of his services rendered at the annual 
meeting of the board.* Vacancies in either of the offices herein 
provided for may be filled at any special meeting of the board, 
the notice for which shall state the object of the meeting to be, 
to fill the vacancy existing^ or at any semi-annual meeting, and 
persons elected to fill any vacancy shall hold the office for the 
remainder of the unexpired term. 

Powers of board as to school buildings, sites, etc. — Sec- 
tion 524. The board of school directors of each town shall have 
power, out of the funds provided by the town for that purpose, 
to purchase or hire sites, houses and rooms for the use of 
schools, and to fence and improve the same, as they may deem 
proper, and upon such sites to build, enlarge, alter, improve 
and repair schoolhouses, outhouses, or any other building for 
school purposes; they may provide suitable water supply as they 
may deem advisable. The board may, in their discretion, pro- 
vide for the transportation of all pupils to and from the school- 
house who live more than one and a half miles from the school- 
house. Whenever, in the opinion of the board, any schoolhouse 
or schoolhouse site is no longer needed for school purposes, the 
same may be sold and conveyed in the corporate name of the 
board, such conveyance to be executed by the president and 
secretary of the board. 

Estimates of expenses — Section 525. Said board shall, 
at the regular meeting in March, annually estimate and deter- 
mine the amount of money which will be necessary for the sup- 
port of schools, and for the building and repairing of school- 
houses in the town, for the year beginning on the first day of 
July next following. 

Schools, how long- to be kept — Rules for — Section 526. 
Said board shall establish and maintain such and so many schools 
in the several subdistricts under their charge as they may deem 
requisite and expedient, provided, that there shall be at least 
one common school in each subdistrict, and that all such schools 
shall be kept each year not less than six months. The board 
shall have in all respects, the supervision and management of 
all the schools, with full power to adopt, enforce, modify and 
repeal from time to time, all rules and regulations not incon- 
sistent with the laws of this state necessary for their organiza- 
tion, gradation and control, and for the instruction given by 
them in the different branches of education taught therein, and 
to establish and enforce proper penalties for the violation of 
such rules. 

General powers of board — Section 527. All powers con- 
ferred upon district boaids by the provisions of this chapter,. 



370 Toivnship System of School Government. 

•excepting those the exercise of which would conflict with the 
provisions of law relative to the township system, are hereby 
conferred upon the town boards of directors herein provided 
for. 

Executive committee, powers of— Section 528. The 

president, vice-president and secretary of the town board of 
■directors shall constitute an executive committee, who shall 
carry out, put in force and execute all orders of the board; and 
for this purpose all power and authority vested in such board 
shall be deemed vested in the executive committee; and any duty 
devolved upon the said board shall devolve upon the executive 
■committee; but all the acts of the executive committee shall be 
subject to review by the board at any regular meeting thereof. 

Employment of teaeliers — Terms of contract — Section 
•529. The executive committee shall employ so many qualified 
teachers as they shall deem necessary to give instruction in all 
the schools under the charge of the board. Each contract shall 
be in writing, shall be signed by the teacher and by the presi- 
dent and secretary, shall specify the wages per week, month or 
year, agreed upon by the parties, and when completed shall be 
filed in the office of the secretary of the town board of school 
directors, with a copy of the teacher's certificate attached 
thereto. 

Secretary's duties — Section 530. The secretary shall 
record all the proceedings of the board; he shall keep an accur- 
;ate and specific account of all expenses incurred by the board, 
including a list of all orders drawn by him, with the date, 
..amount, person in whose favor and object for which each order 
was issued; he shall properly file all papers deposited with him 
ill accordance with law, and shall keep and preserve all books, 
papers and records belonging to his office, and deliver the same 
to his successor. 

To keep a map showing districts — Section 531. He shall 
make and keep in his office an accurate map of his town, show- 
ing the boundaries of all subdistricts and joint subdistricts, 
■and the location of all schoolhouses and highways therein. 
When a new subdistrict is formed by the board of directors, 
or one is altered, he shall, within ten days thereafter, certify 
"to the clerk of each subdistrict affected by such formation or 
alteration, a copy in writing of the record of the action of the 
"board in the matter. 

To supervise schools — Section 532. He shall have the im- 
mediate charge and supervision of all the schools in the town, 
■and shall, under the direction of the board, organize and grade 
them, and assist the several teachers thereof in classifying and 
;arratiging them. He shall visit each school in his town at least 



Township System of School Oovernmeyit. 171 

-twice during each term thereof; shall examine into its condition 
and progress, consult with and advise the teachers in regard to 
the methods of instruction and government, and shall report to 
the board from time to time such improvements as his experi- 
ence shall dictate are calculated to benefit the school. 

Order for expenses, how drawn — Section 533. He shall 
draw orders on the town treasurer for money in the hands of 
such treasurer, which have been apportioned to the town, and 
for money collected or received by him from other sources for 
■school purposes, for the payment of teachers' wages, the pur- 
chase of school sites, the bu-lding, buying, hiring, repairing, 
and furnishing of schoolhouses, and for all other lawful pur- 
poses, and each order shall designate the object for which and 
the fund upon which it was drawn, and shall be countersigned 
by the president. 

Statement of receipts and disbursements — Estimates — 

Section 534. It shall be the duty cf the secretary, at least five 
days before the annual town meeting, or election, each year, to 
make to the board of supervisors of the town a written state- 
ment , showing the receipts of money for school purposes from 
all sources, and the disbursements of the same, actual and esti- 
mated, during the year ending on the last day of June next fol- 
lowing, in which statement shall be given under separate 
lieads : 

1. The amount in the treasury at the beginning of the year. 

2. Amount received from the state fund. 

3. Amount collected by town treasurer. 

4. Amount received from all other sources. 

5. The manner in which the sums have been expended, speci- 
fying the amount paid under each head of expenditure. 

6. Amount remaining in treasury. 

7. Amount of indebtedness of the township district, and when 
and how payable. 

The secretary shall accompany the above statement with esti- 
mates of the board of the amount necessary for the support of 
schools during the year beginning on the first day of July next 
following, specifying the sums needed, under the following heads: 

1. Amount of teachers' wages. 

2. Amount for schooihouse sites, and for building, leasing or 
purchasing schoolhouses. 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, furni- 
ture, maps, globes, charts,, and for all needful schoolroom appur- 
tenances. 

5. An amount not to exceed one hundred dollars to purchase 
library books. 



174 Township System of School Oovermnent. 

Yoters to act on statement — Section 585. It shall be the 
duty of the town board of supervisors of each town in the state 
to present the statements and estimates above mentioned to the 
electors of the town at the annual town meeting or election, 
and the items of said estimates shall be passed upon separately 
by a' vote of the electors present; but upon motion they may be 
increased or diminished; and if, for any reason, money for the 
support of schools shall not be voted at the annual town meet- 
ing, or a sufficient amount shall not then be voted, the super- 
visors shall present the estimates before mentioned to the ^lec- 
tors, at the general election in the fall, for a vote thereon. 

To furnish registers — Section 536. The secretary shall 
furnish school registers in the form prescribed by the state 
superintendent, in which every teacher in the town shall be re- 
quired to enter the names, ages and studies of all the scholars 
attending school, and, daily, their attendance and absence, 
which register shall be deposited with the clerk of the subdis- 
trict at the end of each term of school. 

Report to county superintendent, what to show — Sec- 
tion 537. It shall be the duty of the secretary on or before the 
first day of August in each year, to make and transmit to the 
county superintendent a report in writing bearing date on the 
fii'st day of August in the year of its transmission, stating: 

1. The whole number of subdistricts separately set off within 
the town, and the number of parts of joint subdistricts in which 
the schoolhouses belonging thereto are located in his town. 

2. The subdistricts and parts of subdistricts from which re- 
ports shall have been made within the time limited for that 
purpose. 

3. The length of time a school shall have been taught in each 
of said subdistricts or paints of districts by a qualified teacher. 

4. The -number of children taught in each, and the number 
of children over the age of four and under the age of twenty 
years, residing in each, designating males and females separ- 
ately. 

5. The whole amount of money received in the town for 
school purposes since the date of the last preceding report, set- 
ting forth separately the amount received from the state through 
the county treasurer, the amount levied by the county board, 
and the amount raised by the town at its annual town meeting' 
or general election. 

6. The manner in which said money has been expended, and 
whether any, or what pari remains unexpended, with such other 
information as the state superintendent may from time to time 
require. 

Assessments for schools — Section 538. The town clerk 
shall assess all sums voted at the annual meeting or at the gen- 



Toivuship System of School Qover-nment. 173 

eral election, for the support of schools, upon the real and per- 
sonal property of the town as found in the assessment roll for 
the year, in which said money is voted, and the sums so as 
sessed shall in all respects be collected or returned delinquent 
like other taxes, and when collected, the money shall be held by 
the treasurer, and be by him paid out on the order of the pres- 
ident and secretary or said board. 

Assessments if amount voted too small — Section 581). If 
for any reason the electors of a town shall fail to vote an 
amount of money sufficient to maintain a school in each subdis- 
trict for the term of six months during the year ensuing, the 
secretary shall, on or before the third Monday of November of 
the year in which the electors shall fail to vote as aforesaid, 
certify to the town clerk the amount estimated by the board of 
directors necessary for teachers' wages, fuel, repair of school- 
houses and incidental expenses, and the town clerk shall assess 
the aggregate sum thus certified upon all the taxable property 
of the town, in the assessment roll for that year, and the town 
treasurer shall collect the same as other taxes. 

The certificate of the secretary to the town clerk should be 
made on or before the third Monday in November. See section 
472, 

Town treasurer to receive moneys — Section 540. The 
town treasurer of each town shall apply for and receive from the 
treasurer of his county all money apportioned for common 
schools in his town, and pay out the same, together with all 
money collected or received by him for school purposes, upon 
the oi'der of the president and secretary of the town board of 
directors, and for no other purposes. 

Annual meeting — Section 541. The annual meeting of 
each subdistrict shall be held on the first Monday in July in 
each year. The time of such meeting shall be seven o'clock in 
the afternoon, and the place shall be the schoolhouse in the 
subdistrict, if there be one. 

What business transacted at — Section 542. The inhab- 
itants qualified by law to vote at a subdistrict meeting when 
assembled in annual meeting, shall have power, and it shall be 
their duty : 

1. To appoint a chairman for the time being. 

2. To appoint a secretary if the district clerk shall be absent. 

3. To choose a clerk. 

4. To recommend to the town board of directors the number 
of months they desire to have school maintained in their sub- 
district the ensuing year, and whether they desire a male or 
female teacher; the improvements and repairs which ought to 
be made on the schoolhouse, outhouse, and grounds ; what maps 



174 Township System of School Government. 

and charts or other aids in teaching should be furnished, and 
generally, any thing, matter, or plan, which, in their judgment, 
will advance the cause of education and benefit the school of 
their subdistrict. 

Proceedings to toe recorded — Duties of clerk. — Section 
543. The clerk shall record the proceedings of all district 
meetings; shall certify to the town board of directors any 
recommendations adopted by the electors of his siibdistrict, in 
accordance with the provisions of the preceding sectioQ, and 
shall have charge of the school house, and of all property therein 
or belonging or attached thereto, subject to the order or direc- 
tion of the boai"d of directors. 

Clerk a member of the board — What his report to 
show — Section 544. ^The clerk of the subdistrict shall be a 
member of the town board of school directors, shall attend all 
meetings of the board, and shall carry out all lawful orders of 
the same having reference to the schoolhouse of his district, or 
the school maintained therein. It shall be the duty of the sub- 
district clerk, between the tenth and fifteenth days of July in 
each year, to make and transmit to the secretary of the town 
board of school directors a written report, dated on the tenth 
day of July of such year, signed by him and verified by his 
affidavit, showing: 

1 . The number of children, male and female, designated sepa- 
rately, over the age of four and under the age of twenty years, 
residing in the district, and the names of their parents or other 
persons with whom such children resided respectively on the 
last day of June preceding. 

2. The whole number of children, males and females, desig- 
nated separately, between the ages of four and twenty years, 
taught in the district school during the year for which such re- 
port is made, by teachers duly qualified. 

3. The number attending school during the year, under the- 
age of four, and the number over the age of twenty years. 

4. The whole time, in days, any common school has been 
taught in the district, including holidays, and the whole num- 
ber of days, including holidays, such school has been taught by 
teachers qualified according to law. 

5. The names of all teachers employed during the year, the 
number of days taught by each, including holidays, and the 
monthly wages paid to each; and the time allowed any teacher 
for attendance on any institute, for which no wages were de- 
ducted. 

6. The kinds of books used in the school. 

7. Such otiier facts and statistics in relation to the schools,, 
public or private, in such district, as the state superintendent 
may from time to time require. The clerk of each joint sub- 



Town><hip System of School Government. 175- 

district shall report to the secretary of the town board of school- 
directors, or to the town clerk of each town, as the case may 
require, a part of which is embraced in such subdistrict, the 
number of children residing in such part, in the manner set 
forth in this section, and the remainder of the items specified 
in this section, shall be embraced in the report made to the 
town in which the schoolhouse is situated. 

Notice of meeting — Section 545. The subdistrict clerk 
shall give at least six days' notice of every annual meeting of 
the electors of his subdistrict, by posting notices therefor in 
four or more public places in the subdistrict, one of which 
notices shall be affixed to the outer door of the schoolhouse if 
there be one in the subdistrict, and he shall act as secretary of 
all meetings when present. 

Clerk, appointment of — SEcxiON 546. When a new sub- 
district is formed, or a vacancy occurs in the office of the sub- 
district clerk, the executive committee of the board of directors 
shall appoint a clerk, who shall hold his office until the annual 
meeting of the subdistrict next succeeding such appointment. 

Provisions applicable to joint suMistricts— Section 

547. When a subdistrict is composed of parts of two or more 
towns, the board of directors of the town in which the school- 
house is situated shall have the entire control of said subdis- 
trict, and shall maintain school therein as in other subdistricts;, 
and the clerk of such joint subdistrict shall be a member of 
the board of directors of said town, without regard to the town, 
in which he may reside. At the annual meeting in July, the 
board of directors shall calculate and determine the cost of main- 
taining the schools in said joint subdistrict for the year ending 
on the last day of June preceding the meeting of the board, and 
the secretary shall certify such amount to the secretary of the 
board of each town embraced in part in such joint subdistrict,. 
together with the assessed valuation of said sub-district, and 
each part thereof as found in the assessment roll of the said 
town for that year; on receipt of such certificate, the secretary 
of the board of directors of each of said towns shall draw an 
order on the treasurer of his town in favor of the town in 
which the schoolhouse of said joint subdistrict is situated, for 
such a proportion of the whole cost of maintaining said school 
as aforesaid, as the assessed value of the property of his town, 
embraced in said joint subdistrict, is to the whole valuation 
thereof; unless the proportion of such school -district taxes to 
be assessed in each such town shall have been ascertained, as pro- 
vided in section 471, in which case he shall draw his order for 
such proportion, and said order shall be paid out of any money 
in the hands of said treasurer collected or received by him for 
the support of schools in his town. 



176 Township System of School Government. 

When township system not in force — Section 548. In 
case either of the towns embraced in part in said joint sub-dis- 
trict shall not have adopted the township system of school gov- 
ernment, the certificate before mentioned shall be made to the 
clerk of said sub-district, and it shall be his duty to incorporate 
the proportional sum mentioned in the preceding section in the 
retui'-ns of district taxes made by him to the town clerk of the 
town not having adopted such system, on the third Monday of 
November succeeding the receipt of said certificate; and the 
said sum shall be assessed and collected with the other taxes of 
that part of the joint sub-district, and shall be paid over by the 
town treasurer collecting the same, to the treasurer of the town 
in which the schoolhouse of said joint sub-district is situated. 

In such case, how taxes collected — Section 549. When 
the schoolhouse of a joint subdistrict is situated in a town 
which has not adopted the township system of school govern- 
ment, the taxes for the support of schools shall be raised, as- 
sessed, and collected as provided in this chapter; but if any 
portion of said joint subdistrict shall be embraced in a town- 
ship which has adopted the township system, then the propor- 
tion of any district tax, which should be assessed upon the 
properly of such part of said subdistrict, shall be certified by 
the town clerk of the town in which the schoolhouse of said sub- 
district is situated, to the secretary of the town board of di- 
rectors of the town comprising the part of the said joint sub- 
district before mentioned; and said secretary shall draw an or- 
der upon the town treasurer of his town in favor of the treas- 
urer of the joint subdistrict for the amount of tax thus certified; 
and the said town treasurer shall pay the same out of any 
money held or received by him for school purposes. 

Taluation of school property and apportionment of 
taxes- — Section 550. Prior to the erection of any schoolhouse 
by the board of directors, they shall estimate and determine the 
valuation of all the schoolhouses and sites ;'n their town, and 
when so determined, the secretary shall place upon record a 
tabular statement, containing the number of each subdistrict, 
the value of its schoolhouse and site, and the valuation of its 
taxable property as appears from the last assessment roll of the 
town; and thereafter for a period of ten years from the date of 
the meeting at which such determination of values was had, 
when a tax shall be voted to build a schoolhouse or purchase a 
site, such tax shall be so distributed and assessed upon the sev- 
eral subdistricts, that those having the least amount invested 
in schoolhouses and sites in proportion to the assessed valua- 
ation of their property as appears from the record made at the 
time of the determination of values aforesaid, shall pay most 
toward said tax in proportion to the valuation of the property 



Toivnship System of School Ooveimment. 177 

at the time the tax is assessed, in order that the sums paid by 
the different subdistricts in the town for the purchase of sites 
and the erection of school liouses shall be equalized; but if the 
board of directors of any town shall decide that taxes for the 
purchase of sites and the erection of schoolhouses shall be as- 
sessed equally upon property, thea the aforesaid provision 
in reference to equalizing such taxes shall not be operative in 
such town. 

When chapter not to apply — Section 551. Whenever the 
territory of a school-district of aii incorporated village shall 
extend beyond the limits of such village, "the whole of such 
territory shall remain in such district, and form a part thereof 
until detached by authority of law; and such district and every 
village containing a graded school of three or more departments 
shall be exempt from the provisions of this chapter relating to 
the township system, except as herein provided. Whenever a 
school-district includes within its limits an incorporated village 
or city, or maintains a graded school of three or more depart- 
ments, the adoption of the township system of school govern- 
ment by any town, city or village whose tei*ritory includes such 
school-district, shall not affect the boundaries, organization, or 
management of such school-district, but it shall be exempt from 
the operation of such township system and be and remain an 
independent school-district, and be conducted and managed in 
accordance with the law relating to independent school-districts, 
unless said school-district shall, by a majority vote of the 
electors of said district, at an annual or special school meeting 
held previous to the adoption of the township system by said 
town, decide to accept the township system of school govern- 
ment when adopted by the town of which said district is a part. 
And provided, further, that the voters of any such district thus 
exempted from the operation of the township system shall have 
no voice in the adoption of the township system by the town. 

How township system adopted hy towns and Tillages — 

Section 552. The legal voters of any town in the state may at 
any annual town meeting, or at any general election, vote upon 
the question of township school government. Such voting shall 
be by ballot, and the ballots used shall have written or printed, 
thereon the words, "township school government, yes; " or the 
words, "township school government, no." A separate box 
shall be provided for the reception of said ballots, and the votes 
cast shall be counted, canvassed and a record thereof made as 
in case of other votes cast at such election; and if it shall ap- 
pear that a majority of the ballots cast have written or printed 
thereon the words, "township school government, yes," then 
the provisions of this chapter, providing for the township sys- 

12 



178 Township System of School Government. 

tern, shall immediately become operative in such town, other- 
wise they shall have no force or effect therein. No vote shall 
be taken on the question of township school government in 
pursuance of this chapter unless notice thereof shall be given 
as he'reinafter provided. The town clerk of any town, upon 
the petition in writing of any ten electors of said town, shall 
publish, by posting in three of the most public places in said 
town, a notice in writing that the question of township school 
government will be submitted to the electors of said town 
at the ensuing annual town meeting or general election. 
Such notice shall be so published and posted at least ten days 
before the holding of any such town meeting or election; 
and any town having adopted the township school gov- 
ernment according to the provisions of this chapter, may 
abolish the same at any town meeting or general election, in 
the same manner as provided for its adoption in this section; but 
when the system of township school government shall be 
adopted, it shall continue in force two years from the date of 
its adoption, before the question of abolishing it shall be acted 
upon. Whenever the electors of any incorporated village, hav- 
ing a graded school with three or more departments, shall de- 
sire to adopt the township system of schools, they may vote 
upon the question at any charter jor general election held in such 
village; such vote shall be by ballot of the form above described, 
and upon like notice, and if a majority bf the votes cast upon 
that subject shall be in favor of the adoption of said system, 
then such village shall become a part of the township system of 
the town in which the same is situated. Whenever any town 
having adopted the township system of school government shall 
vote to abolish the same, it shall be the duty of the town board 
of supervisors, on or before the first day of June next succeed- 
ing the date at which the vote was taken, to meet and by an or- 
der made in pursuance to section 413, of chapter 27, of the re- 
vised statutes, divide the town into suitable independent school- 
districts, making the order to take effect on the first day of July 
next following. The subdistrict clerks and the secretary of the 
town board of directors for the year preceding, shall make the 
necessary annual reports for the year ending on that day, as re- 
quired by law, although the offices held by them shall have been 
abolished. 

Irregular proceedings validated — Section 552a. When- 
ever any town in this state shall have attempted to adopt the 
township system of school government, under and pursuant to 
section 522, of this chapter, the validity of any and all taxes 
' for school purposes, heretofore or hereafter levied and assessed 
in any such town, shall not be questioned in any action or pro- 
ceeding heretofore or hereinafter commenced, so far as the regu- 



Township System of School Government. 17 D 

larity of the proceeding of any such town, in the adoption of 
such township system of school government is concerned, unless 
the plaintiff &hall show that he would be required to pay more 
than his equitable proportion of taxes; and any and all school 
taxes heretofore levied in any such towns, which have been voted 
at the annual town meeting, are hereby declared to be legal and 
valid, even though the provisions of section 535, of this chapter,, 
shall not have been in all respects complied with. 

Loans, how paid — Section 553. Whenever any school-dis- 
trict in any town, adopting the township system, shall be in- 
debted at the time of such adoption upon a loan from the state, 
or otherwise, such district shall remain liable for the payment 
of such indebtedness, and no alteration of the boundaries of 
such district as a subdistrict in such town shall ever be made 
until such debt is fully paid, except as provided in section two 
hundred and sixty-three. The clerk of such subdistrict shall 
annually certify to the town clerk the sum necessary to be raised 
as taxes in such subdistrict for the payment of such indebted- 
ness, with interest thereon in the same manner and with like 
effect, as the clerk of such district was required by law to cer- 
tify the same, and the town clerk shall extend the amount of 
such taxes upon the tax roll, upon the taxable property of such 
subdistrict, in like manner as if the same had been certified by 
the clerk of such district; and the same shall be collected by the 
town treasurer and be applied by him exclusively to the pay- 
ment of such debt. 

Relating to the employment of teachers — Section 1. Sec- 
tion 529, of Sanborn & Berryman's annotated statutes of Wis- 
consin, is hereby amended by adding to it this proviso: Pro- 
vided, however, that no such contract shall be valid until the 
same shall be approved in writing by the clerk of the sub-dis- 
trict in which such teacher shall be employed to teach. 

Relating- to school libraries — Section 1. Chapter 47, 
laws of 1895, is hereby amended b} adding to it these words 
to be known as section 7, of such chapter: In towns having 
the township system of school government, all duties herein 
prescribed for the town clerk shall be performed by the secretary 
of the town board of school directors. 

School funds — Section 1. Section 540, of Sanborn & Ber- 
ryman's annotated statutes of Wisconsin is hereby amended so 
as to read : The town treasurer of each town shall apply for 
and receive from the treasurer of his county all money appor- 
tioned for common schools in his town and shall keep it, to- 
gether vvith all money collected or received by him for school 
purposes, in a fund separate and distinct from all other money 



180 Township System of School Government. 

belonging to the town, and shall pay out the same only upon 
the order of the president and secretary of the town board of 
directors. The town treasurer shall place to the credit of the 
school fund all money levied in the town for school purposes 
before placing any sum to the credit of any other fund or paying 
any town order. 



Distribution of the School Fund Income. 181 



XVI. OF THB^DISTRIBUTION OF THE SCHOOL 
FUND INCOME. 



Section 2. Chapter 28, of the revised statutes, entitled, "of 
the distribution of the school fund income, " is hereby amended 
so as to read as follows: 

Apportionment of — What schools not entitled to share 

in — Section 554. The school fund income which shall have 
been received up to and including the first day of December, 
including the amount to accrue from the one-mill ■ state tax 
provided for by chapter 287, laws of 1885, to be collected by 
the several counties of the state before the first Monday in Feb- 
ruary next succeeding the date of such apportionment, shall be 
apportioned by the state superintendent between the tenth and 
fifteenth days of December in each year. Such apportionment 
shall be made among the several counties, and the several 
towns, specially incorporated villages, and cities in each county 
according to the number of children in each over the age of 
four and under the age of twenty years, as shown by the re- 
ports made to the^fate superintendent for the year preceding, 
ending June 30. /Whenever any town, village or city shall fail 
in any year to raise by tax during the year, for the support of 
common schools therein, a sum equal to the amount of its share 
from the school fund income, as determined by the count}' board 
of supervisors, in pursuance of section 1074, revised statutes, 
the amount of the apportionment to such town, village or city 
for that year shall be withheld from the next succeeding ap- 
portionment, unless the town or village board, or common coun- 
cil of such city, so failing, shall have transferred, as they are 
hereby authorized to do, from the general fund to the school 
fund of the town, village or city, for such purpose, the 
amount of deficit in such school tax, and the town, village 
or city clerk shall have filed with the state superintendent his 
certificate, showing such transfer to the school fund, and his 
apportionment thereof to the proper school-districts, or trans- 
fer to the board of education before the tenth day of December. 
No apportionment shall be made to any city, village or town for 
any school-district therein, for any year during which such dis- 



182 Distribution of the School Fund Income. 

trict shall not have maintained a common school, taught by a 
qualified teacher for six montlis, unless the state superintend- - 
ent shall be satisfied that sclaool was so taught for three months, 
and the failure to maintain it for the full six months was occa- 
sioned by some extraordinary cause, and not arising from neglect 
or intent to avoid the legal obligation; nor to any town, village 
or city; nor for any school-district, reports of which, as required 
by law, shall not have been made and transmitted' during the 
preceding year to the state superintendent; nor to any city for 
any year, the report for which shall not show that the number 
of children between the ages aforesaid residing therein, has 
been ascertained by an actual census taken under the direction 
of the board of education or other body having the government 
of common schools therein, by their clerks, or persons of their 
appointment for that purpose, provided, that the time any 
school district shall have provided for the instruction and trans- 
portation of its pupils as provided in subdivision 15, of sec- 
tion 430, of chapter 27 of this act, shall be construed as entitl- 
ing the district thus paying for the instruction and transporta- 
tion to share in the apportionment of the state school fund 
income the same as though said school district had maintained a 
common school for said time. 

The amount of money received from the income of the one mill 
tax must be considered by county boards of supervisors in de- 
termining the amount to be raised by each town, city and vil- 
lage, as a county school tax, and the tax thus levied must be 
equal to the amount received from the school fund income. 

Under section 1074. of the revised statutes, the county board 
is required to levy a tax upon each town for the support of 
common schools therein during the ensuing year, which shall 
not be less than the amount apportioned to such town in the 
last apportionment of ' the income of the school fund. In 
case of new towns where no apportionment was made to such 
new town by the county board, then the tax levied by the town 
should be proportionate to that levied upon the other towns. 

If by any mistake or oversight an amount less than that last 
apportioned is levied upon any town, the town board is authorized 
under the foregoing section, to transfer the deficiency from the 
general fund to the school fund of the town, and the town clerk 
will certify to the state superintendent that the transfer has 
been made, and that the money has been properly apportioned. 



Distribution of the School Fund Income. 183 

The town is then entitled to receive its share of the income of 
the school fund. But under section 1075, the deficiency in the 
tax is to be added to the school tax levied the ensuing year. 

Certificate to be made and notice given — Section 555. 
The state superintendent shall certify the apportionment made 
as aforesaid to the secretary of state, and shall immediately 
give notice thereof to each county clerk and county treasurer, 
stating the amount apportioned to his county, and to each town, 
village and city therein. Upon receiving such apportionment, 
the secretary of state shall draw his warrant upon the state 
treasurer, payable to the proper county treasurer, for the total 
amount apportioned each county, and the amount of such war- 
rant shall be paid to the county treasurer entitled to receive the 
same at the time when he shall pay over to the state treasurer 
the amount due the state on account of state taxes, as required 
by law. 

The state superintendent is now required to make the appor- 
tionment of the entire school fund income each year between the 
tenth and fifteenth days of December preceding its collection, 
and he shall immediately give ample notice to the proper officers 
of the amount apportioned to each town and the sum per capita 
for each person of school age in order that there may be no de- 
lay in paying over to each school-district in the state the amount 
to which it is justly entitled as" soon as the proper funds are 
available. 

Failure of officers to report— Correction of apportion- 
ment — Section 556. Whenever any officer shall omit to make 
within the time fixed any statement or report required to be 
made to the state superintendent, he shall notify such officer by 
mail or otherwise, of such omission, but the failure of the state 
superintendent so to do shall in no manner affect the conse- 
quences of such omission. If, at any time within two years 
after an apportionment, in which any town, village, city or 
school-district was excluded upon any ground mentioned in sec- 
tion 554, satisfactory evidence shall be filed with the state su- 
perintendent that such exclusion was due to some mistake or 
■omission of some officer, and that such town, village, city or 
school -district was legally entitled to have shared in such appor- 
tionment, the state superintendent shall certify such facts, and 
the amount justly apportionable thereto, to the secretary of 
state, and notify the county clerk and treasurer of the proper 
<30unty thereof. The secretary of state shall draw his warrant 



184 Distribution ot the School Fund Incoine. 

therefor, and the money shall be paid from the school fund in- 
come for the use of such town, village, city or school-district, as 
if originally apportioned. 

County treasurer's duty — Section 557. Each county 
treasurer shall apply for and receive the school money due to 
his county as soon as apportioned, and shall immediately give 
notice in writing of the amount apportioned to each town, vil- 
lage, and city in his county to the treasurer and clerk thereof 
respectively, and shall pay the same to each such treasurer on 
demand, who shall pay the same to the proper school treasurer, 
as provided by law. If any such town, village or city treasurer 
shall not demand such money before the next receipt of school 
money apportioned, to such county, the county treasurer shall 
. add such sum remaining in his hands to the money so next re- 
ceived, and distribute the same therewith and in the same pro- 
portion among the several towns, villages and cities entitled 
thereto in such county. 

Apportionment among districts — Section 558. The town 
clerk shall apportion all school money received from the state, 
and also all raised by the town, among the several districts and 
parts of districts within the town, in proportion to the number 
of children between the ages of four and twenty years residing 
in each, taking such number from the last annual reports of 
their respective clerks. ,■ But if, after, the date of such reports, 
any district shall have been altered or a new one formed, so as 
to render an apportionment founded on such annual reports un- 
just between any districts, the town clerk shall ascertain the 
number of such children residing in each district thus altered 
and formed, by the best evidence within his reach, and appor- 
tion the school money to such districts in proportion to the num- 
ber of such children residing therein at the time the apportion- 
ment is made; provided, however, that the town clerk shall not 
include any children in his apportionment to such districts 
who would not have been entitled to share in the apportionment 
if they had remained in the districts divided, ^o mqney shall 
Jbe apportioned to any distinct, or_part of a district, except 
as herein provided and as provided in section 554 of this chap- 
ter, by the discretion of the state superintendent, unless the 
last annual report thereof, verified by the affidavit of the dis- 
trict clerk, shall show that all school money received from the 
state during the year ending with the date of such report, has 
been applied to the payment of the wages of a legally qualified 
teacher, and that a school has been taught in such district by 
such a teacher, for at least six months during the, year ending 
with the date of such report; but any time which such report 
shall show was spent by such teacher in attendance on an insti- 
tute in the county, and given by the district board without de- 



Distribution of the School Fund Income. 185 

duction from such teacher's wages therefor, shall be included a? 
part of such six mouths. 

This section provides for the apportioanent of public funds 
by town clerks to districts which are formed or altered after 
the annual reports, are made to him by district clerks, and be- 
fore an apportionment is made. The law now requires appor- 
tionment to be made to such districts in proportion to the num- 
ber of persons of school age residing in each at the time the 
apportionment is made, taking into the account only such chil- 
dren as would have been entitled to be included, if they had not 
been transferred from one district to another. If children are 
transferred from a district which did not maintain the required 
months of school, by a legally qualified teacher, or from terri- 
tory not included in any school district, they are not to be 
counted. 

Money not paid to fee added to next apportionment — 

Section 559. All money apportioned by the town clerk to any 
district or part of a district, which shall have remained in the 
hands of the town treasurer, for one year after such apportion- 
ment, by reason of such district or part of district neglecting 
or refusing to receive the same, shall be added to the money 
next thereafter to be apportioned by such town cleric to the sev- 
eral districts and parts of districts in such town, and appor- 
tioned therewith. 

School m 9 nth — Sectlon 560. In reckoning school months, 
twenty days, as spacified in section 459, shall constitute a month, 
and one hundred and twenty days, six months. 

It is to be carefully pioted that all moneys apportioned by the 
town clerk, must be apportioned according to the number of 
persons over four and under twenty years of age residing in the 
several districts and parts of districts of his town, in which 
school has been maintained the required number of months dar- 
ing the pasb year. Money must not be apportioned to any dis- 
trict that does not furnish the evidence required by section 558: 

1. That a school has been taught therein. 

2. That the teacher thereof was duly qualified. 

3. That the school was maintained the required number of 
months during the year, and, 



186 Distribution of the School Fund Income. 

4. That an amount equal to that received from the income of 
the school fund, has been applied to the payment of teachers 
wages. 

No new district is entitled to any public money until it shall 
have had six months' school; but, if an alteration of a district 
be made, and a new district be formed as the result of such 
alteration, between the time of making the annual report and 
the time for making the next apportionment, the money drawn 
on account of the pupils thus set off from a district, after being 
reported as pupils of that district, must be paid to the district 
in which such pupils are found. 

Public money of any kind remaining in the hands of the 
town treasurer for one year after having been apportioned by 
the town clerk, must be added to the amount to be apportioned 
for the next year. 



The University. 187 



XVII. OF THE UNIVERSITY. 



Location and style of — Section 377. There is established 
in this state at the city of Madison, an institution of learning 
by the name and style of " The University of Wisconsin." 

Board of regents, how constituted — Terms — Section 
378. The government of the university shall vest in a board of 
regents, to consist of one member from each congressional dis- 
trict of the state, and two members from the state at large to 
be appointed by the governor, and of the ex-ofiflcio members 
hereinafter mentioned. The term of office of the appointed x'e- 
gents shall be three years from the first Monday in February in 
the year in which they are appointed, unless sooner removed by 
the governor; but appointments to fill vacancies before the ex- 
piration of the term, shall be for the residue of the term only. 
The state superintendent of public instruction shall be ex-officio 
a member of said board of regents. The president of the uni- 
versity shall also be ex-officio a member of the board of regents 
and a, member of all its standing committees, but he shall have 
the right to vote only in case of a tie. 

Regents' powers — Officers of board, their duties — Sec- 
tion 379. The board of regents and their successors in office, 
shall constitute a body corporate, by the name of " the regents 
of the university of Wisconsin," and shall possess all the pow- 
ers necessary or convenient to accomplish the objects and per- 
form the duties prescribed by law, and shall have the custody 
of the books, records, buildings and all other property of said 
university. The board shall elect a president and a secretary, 
who shall perform such duties as may be prescribed by the by- 
laws of the board. The secretary shall keep a faithful record 
of all the transactions of the board, and of the executive com- 
mittee thereof. The state treasurer shall be the treasurer of 
the board, and perform all the duties of such office, subject to 
such regulations as the board may adopt, not inconsistent with 
his official duties; and he and his sureties shall be liable, on his 
official bond as state treasurer, for the faithful discharge of such 
duties. 



188 The University. 

Annual meetings — Section 380. The time for the election 
of the president and secretary of said board, and the duration 
of their respective terms of office, and the times for holding the 
regular annual meeting and such other meetings as may be re- 
quired, and the manner of notifying the same, shall be determ- 
ined by the by-laws of the board. A majority of the board 
shall constitute a quorum for the transaction of business, but a 
less number may adjourn from time to time. 

Duties of regents — Additional powers — Section 381. 
The board of regents shall enact laws for the government of the 
university in all its branche;s; elect a president and the requisite 
number of professors, instructors, officers and employes, and fix 
the salaries and the term of office of each, and determine the 
moral and educational qualifications of applicants for admission 
to the various courses of instruction; but no instruction, either 
sectarian in religion or partisan in politics, shall ever be al- 
lowed in any department of the university; and no sectarian or 
partisan test shall ever be allowed or exercised in the appoint- 
ment of regents, or in the election of professors, teachers or 
other officers of the university, or in the admission of students 
thereto, or for any purpose whatever. The board of regents 
shall have power to remove the president or any professor, in- 
structor or officer of the university when in their judgment, the 
interests of the university require it. The board may prescribe 
rules and regulations for the management of the libraries, 
cabinet, museum, laboratories, and all other property of the uni- 
versity, and of its several departments, and for the care and 
preservation thereof, with penalties and forfeitures, by way of 
damages for their violation; which may be sued foi: and collected 
in the name of the board, before any court having jurisdiction 
of such action. 

Building and apparatus — Otlier colleges may become 
part — Section 382. The board cf regents are authorized to 
expend such portion of the income of the university fund as they 
may deem expedient for the erection of suitable buildings, and 
the purchase of apparatus, a library, cabinets and additions 
thereto; and if they deem it expedient, may receive, in connec- 
tion with the university, any college in this state, upon appli- 
cation of its board of trustees; and such college so received, 
shall become a branch of the university, and be subject to the 
visitation of the regents. , 

• Report of regents — Section 383. At the close of each fiscal 
year, the regents, through their president, shall make a report, 
in detail, to the governor, exhibiting the progress, condition 
and wants of each of the colleges embraced in the university, 
the course of study in each, the number of professors and stu- 



The University. 189 

dents, the amount of receipts and disbursements, together with 
the nature, costs, and results of all important investigations 
and experiments, and such other information as they may deem 
important, one copy of which shall be transmitted free, by the 
secretary of state, to all colleges endowed under the provisions 
of the act of congress, entitled, " An act donating land to the 
several states and territories which provide colleges for the bene- 
fit of agriculture and the mechanic arts," approved July 2, 1862; 
and also one copy to the secretary of interior, as provided in 
said act. 

Special reports to be made and printed — Section 383a. 
1. The board of regents of Wisconsin university, are hereby re- 
quired to report to the governor the results of important in- 
vestigations conducted by the director of Washburn observatory 
and by other investigators connected with the university, and also 
the results of such experiments in said university relating to 
agriculture or the mechanic arts as said board may deem to 
be of special value for the promotioii of the agricultural and 
mechanical interests of Wisconsin; and with the approval of the 
governor not less than fifteen hundred of each of said reports 
may be printed by the state printer in separate form, on good 
paper and otherwise in such manner and with such appropriate 
quality of binding as the commissioners of public printing shall 
order and prescribe. 

How distributed — 2. Three hundred copies of each of the 
said reports provided to be printed in the preceding section of 
this act shall be for the use of the senate, and five hundred 
copies for the use of the assembly; and the remainder shall be 
distributed in exchange for the publications of other scientific 
institutions, and for such other public purposes as the board of 
regents of said university may determine. 

Appropriation — 3. There is hereby appropriated from the 
state treasury annually out of any moneys not otherwise appro- 
priated, a sufficient sum of money for the purposes of this act. 

Duties und powers of president — Section 384. The presi- 
dent of the university shall be president of the several faculties, 
and the executive head of the instructional force in all its de- 
partments; as such he shall have authority, subject to the board 
of regents, to give general direction to the instruction and 
scientific investigations of the several colleges, and so long as the 
interests of the institution require it, he shall be charged with 
the duties of one of the professorships. The immediate govern- 
ment of the several colleges shall be intrusted to their respect- 
ive faculties ; but the regents shall have the power to regulate the 
courses of instruction, and prescribe the books or works to be 
used in the several courses, and also to confer such degrees and 



]90 The Universiiy. 

grant such diplomas as are usual in universities, or as they shall 
deem appropriate, and to confer upon the faculty by by-laws, 
the power to suspend or expel students for misconduct or other 
cause prescribed in such by-laws. 

Objects — Departments — Section 385. The object of the 
university of Wisconsin shall be to provide the means of acquir- 
ing a thorough knowledge of the various branches of learning 
connected with literary, scientific, industrial and professional 
pursuits, and to this end it shall consist of the following col- 
leges or departments, to-wit: 

1. The college of letters and science. 

2. The college of mechanics and engineering. 
o. The college of agriculture. 

4. The college of law. 

5. Such other colleges, schools or departments as now are or 
may from time to time be added thereto or connected there- 
with. 

Departments^ what embraced in — Section 386. The col- 
lege of letters and science shall embrace liberal courses of in- 
struction in language, literature, philosophy and science, and 
may embrace such other branches as the regents of the uni- 
versity shall prescribe. The college of mechanics and engineer- 
ing shall embrace practical and theoretical instruction ' in the 
various branches of mechanical and engineering science and art, 
and may embrace such additional branches as the regents may de- 
termine. The college of agriculture shall embrace instruction 
and experimentation in the science of agriculture and in those 
Fciences which are tributary thereto, and may embrace such ad- 
ditional branches as the board of regents shall determine. The 
college of law shall consist of courses of instruction in the prin- 
ciples and practices of law, and may include such other branches 
as the regents may determine. 

Mechanic arts, appropriation for — Section 386«. To pro- 
vide for needed additional facilities, for instruction in the de- 
partment of mechanic arts, of the state university, and for the 
establishment of courses of instructioii in railway and electrical 
engineering therein, there is hereby annually appropriated to 
the university fund income one per cent, of the funds derived by 
the state from the license tax upon railroad companies, railway 
car companies, or other transportation companies, and upon 
telegraph companies, telephone companies and other electrical 
companies. 

Open to hoth sexes — Military instruction — Diplomas 
may be countersigned —Section 387. The university shall 
be open to female as well as to male students, under such regu- 
lations and restrictions as the boarJ of regents may deem 



The University. 191 

proper; and all able bodied male students of the university in 
whatever college, may receive instruction and discipline in 
military tactics, the requisite arms for which shall be fui-nished 
by the state. After any person has graduated at the state 
university, and, after such graduation, has successfully taught 
a public school in this state for eight school months, the 
superintendent of public instruction shall have authority to 
countersign the diploma of such teacher after such examination 
as to moral character, learning and ability to teach, as to the 
said superintendent may seem proper and reasonable. Any 
person holding a diploma granted by the board of regents of 
the state university, certifying that the person holding the 
same is a graduate of the state university, shall, after his di- 
ploma has been countersigned by the state superintendent of 
public instruction as aforesaid, be deemed qualified to teach any 
of the public schools of this state, and such diploma shall be a 
certificate of such qualification until annulled by the superin- 
tendent of public instruction. 

Tuition — Section 388. No student who shall have been a 
resident of the state for one year next preceding his admission, 
shall be required to pay any fees for tuition in the university, 
except in the law department and for extra studies. The re- 
gents may prescribe rates of tuition for any pupil in the law 
department, or who shall not have been a resident as aforesaid, 
and for teaching extra studies. 

Report of regents — Section 1. Section 383a, of Sanborn & 
Berryman's annotated statutes of the state of Wisconsin, is 
hereby amended by striking out the words " less than fifteen 
hundred of each of said reports," where they occur in the eighth 
line, and inserting the words "more than seven hundred of the 
reports of the Washburn observatory;" and by striking out the 
words "in separate form," in the ninth line of said section, and 
by adding at the end of said section 383a the words " which 
shall be distributed in exchange for the publications of other 
scientific institutions, and for such other public purposes as the 
board of regents of the university may determine." 

Section 2. Strike out subdivision 2, of said section 383a 
and re-number subdivision 3, making it 2, so that said section 
when amended shall read as follows : Section 383a. The board of 
regents of the Wisconsin university are hereby required to report 
to the governor the results of important investigations con- 
ducted by the director of the Washburn observatory, and by 
other investigators connected with the university, and also the 
results of such experiments in said university relating to agri- 
cultural or the mechanical arts as said board may deem to be 
of special value for promotion of the agricultural and mechanical 
interests of Wisconsin, and with the approval of the governor, 



19:3 The University. 

not more than seven hundred of the reports of the Washburn 
observatory may be printed by the state printer on good paper, 
and otherwise in such manner and with such appropriate qual- 
ity of binding as the commissioners of public printing shall 
order and prescribe, which shall be distributed in exchange for 
the publications of other scientific institutions, and for such 
other public purposes as the board of regents of the university 
may determine. 

Section 2. There is hereby appropriated from the state treas- 
uary, annually, out of any moneys not otherwise appropriated, 
a sufficient sum of money for the purposes of this act. 

Permanent appropriation — Section 389. For the support 
and endowment of the university, there is annually and per- 
petually appropriated: 

1. The university fund income and all other sums of money 
appropriated by any law to the university fund income. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public or 
private bounty. 

Income at disposal of regents — Gifts^ etc, , liow disposed 

of — The entire income of all said funds shall be placed at the 
disposal of the board of regents by transfer to the treasurer of 
said board, thenceforth to be distinct and independent of the 
accounts of the state and tor the support of the aforesaid col- 
leges or departments of arts, of letters, and such other colleges and 
departments as shall be established in the university or con- 
nected therewith; but all means derived from other public or pri- 
vate bounty shall be exclusively devoted to the specific objects for 
which they shall have been designed by the grantor; and all 
gifts, grants, bequests and devices for the benefit or advantage 
of the university, or any of its departments, colleges, schools, 
halls, observatories or institutions, or to provide any means of 
instruction, illustration or knowledge in connection therewith, 
whether made to trustees or otherwwise, shall De legal* and 
valid, and shall be executed and enforced according to the pro- 
visions of the instrument making the same, including all pro- 
visons and directions in any such instrument for accumulation 
of the income of any fund, or rents and profits of any i-eal 
estate, without being subject to the limitations and restrictions 
provided by law in other cases; but no such accumulation shall 
be allowed to produce a fund more than twenty times as great 
as that originally given. 

Ladies' liall — Section 389«. The regents of the university 
of Wisconsin shall cause the building known as ladies' hall, 
and now occupied by female students of the university, to be 
heated throughout by steam on or before the opening of the fall 



The University. 19B 

term of 1889 of the university ; and said building shall hereafter 
be known as ladies' hall, and shall be used hereafter for and by 
the female students attending said university, and not other- 
wise. 

Preceptress to be employed — Section 389^. The regents 
of the university are hereby authorized and directed to employ 
a competent preceptress, who shall have charge and general 
supervision of said ladies' hall, under the direction aad regula- 
tions of the said regents, at a salary of not more than fifteen 
hundred dollars per annum, provided that said precejjtress shall 
perform such duties and teach such classes as said regents may 
from time to time require. 

Annual state tax for income — Section 390. There shall 
be levied and collected annually a state tax of one-eighth of one 
mill for each dollar of the assessed valuation of the taxable 
property of the state, which amount, when so levied and col- 
lected, is appropriated to the university fund income, to be 
used annually as a part thereof; such increase from one- tenth to 
one-eighth of a mill on the dollar of the assessed valuation of 
the taxable property of the state, shall be used for the purpose 
of establishing, under the direction of the board of regents of 
the university, a chair of pharmacy and materia medica, and the 
establishment of p.n agricultural experiment station; and in case 
a surplus accrue from the increase, for the purpose aforemen- 
tioned, the board of regents shall have power to dispose of the 
same in the manner as of other incomes from this source, and 
the whole appropriation shall be deemed a full compensation for 
all deficiencies in said income, arising from the disposition of 
the lands donated to the state by congress, in trust for the 
benefit of said income. 

Astronomical observatory — Section 391. The sum of three 
thousand dollars shall be set apart annually, forever, from the 
receipts of the tax mentioned in the preceding section, so soon, 
as a complete and well-equipped astronomical observatory shall 
be given to the university on its own grounds, without cost to 
the state, to be gxpended by the regents in astronomical work 
and instruction ; provided, such observatory be completed by the 
fourth of July, A. D. 1879. 

Director of observatory — Section 391a. The sum of three 
thousand dollars is hereby annually appropriated out of the gen- 
eral fund of the state to the board of regents of the state of 
Wisconsin for the purpose of enabling said board to employ 
and maintain a director of the Washburn observatory. 

School of science, etc. — Section 3916. There is hereby 
annually appropriated out of any funds in the state treasury not 

13 



194 The University. 

otherwise appropriated, the sum of one thousand dollars to aid in 
maintaining a summer school of science, literature, language and 
pedagogy, in connection with the university of Wisconsin. 

Teachers and expenditiu'es — Section 391c. All teachers 
employed in the school mentioned in section 1 of this act shall 
be designated by the state superintendent and the president of 
the university jointly, and all expenditures for assistants, ap- 
paratus and other incidental purposes, together with the salaries 
of teachers shall be certified by the same officials. 

How expenses paid — Section 391(/. Whenever the state- 
superintendent and the president of the university of Wisconsin 
shall certify that a summer school for teachers has been main- 
tained during the months of July or August in any year for the 
period of four weeks or more, and the person named in the cer- 
tificate is entitled to the sum named therein for services or 
material furnished in connection therewith, the secretary of 
state shall draw his warrant on the state treasurer in payment 
thereof. But no warrant shall be drawn in excess of the amount 
herein appropi-iated, in any year. 

Regent's expenses ■ — Section 392. The regents shall each 
receive the actual amount of his expenses in traveling to and 
from, and in attendance upon all meetings of the board, or in- 
curred in the performance of any duty in pursuance' of any di- 
rection of the board ; accounts for such expenses, duly authenti- 
cated, shall be audited by the boai^d, and be paid on their order 
by the treasurer out of the university fund income. No regent 
shall receive any pay, mileage or per diem, except as above pre- 
scribed. 

chapter 29, LAWS OE 1891. 

In addition to the amount authorized to be levied and col- 
lected annually, by chapter three hundred, of the laws of 1883, 
there shall also be levied and collected annually for six years, a 
state tax of one-tenth of one mill for each dollar of the assessed 
valuation of the taxable property of the state, which amount so 
levied and collected is appropriated to the university fund income, 
and shall be used by the board of regents of the university for 
the construction, equipment and maintenance of an armory and 
drill room for the military department of the university, a 
building for the college of law, a building for practical instruc- 
tion in dairying, and such modifications or extensions of exist- 
ing buildings as the growth of the university may requii^e. The 
i-esidue which shall remajn from the income hereby provided for 
shall be used to meet the permanent necessities arising from 
the growth of the university, and may be applied in the same- 
manner as other university incomes. 



The University. 195 



CHAPTER 241, LAWS OF 1895. 

Appropriatiau — One-fifth mill tax — Section 1. There 
shall be levied and collected annually for two years an addi- 
tional state tax of one-fifth of one mill for each dollar of the as- 
sessed valuation of the taxable property of the state, which 
amount so levied and collected is hereby appropriated to the 
university fund income of the university of Wisconsin, and shall 
be used by the board of regents of the university for increased 
administration expenditures and expenditures for the depart- 
ment of engineering, advancing the work of university exten- 
sion in the state of Wisconsin, in addition to the horticultural 
building, enlargement, of ladies' hall with gymnasium apart- 
ments, changes and repairs in university hall, and the construc- 
tion of a farm barn and purchase of a herd of cattle for the 
agricultural department; any residue which may remain may be 
applied to such uses as the regents may deem to be most im- 
portant to the interests of the university; provided, that out of 
the income derived from said tax there shall be set apart for 
the college of agriculture, in addition to its present several in- 
comes, twenty thousand dollars for the completion and equip- 
ment of the horticultural building, five thousand dollars for a 
dairy barn, two thousand dollars for the purchase of a herd of 
dairy cows, and ten thousand dollars annually for current ex- 
penses. 

Section 2. The state tax directed to be levied and collected 
by chapter 29 of the general laws of Wisconsin of 1891, shall 
be continued after the lapse of the six years therein mentioned, 
and so continued shall be levied and collected annually, and is 
hereby appropriated to the university fund income of the uni- 
versity of Wisconsin to meet the current or administration ex- 
penditures of said university and may be applied in the same 
manner as other university fund income. 

Section 3. The commissioners of public lands be and they 
are hereby authorized to direct the state treasurer from time 
to time to set apart by way of loan to the fund known as the 
university fund income of the University of Wisconsin or like 
university uses such excess of moneys, if any, or part thereof, 
in the trust fund not otherwise appropriated or required for an- 
ticipated ordinary expenditure as in their judgment shall be 
prudent, such loan to be repaid tj the trust fund from the por- 
tions of state tax hereinbefore appropriated with interset 
thereon at the rate then required on deposits in bank made 
pursuant to chapter 273 of the general laws of Wisconsin of the 
year 1891, and the acts amendatory thereof. 



196 The University. 



CHAPTER 284, LAWS OF 1897. 

One-flftli mill tax made permanent — Section 1. The 
state tax of oae-fifth of one mill directed to be levied and col- 
lected by chapter 241, of the general laws of Wisconsin for the 
year 1895, shall be continued after the lapse of the time therein 
mentioned, and so continued shall be levied and collected annu- 
ally, and is hereby appropriated to the university fund income 
of the University of Wisconsin, for current or administration 
expenditures, and the construction in the order of greatest need 
therefor such additional buildings and works and the enlarge- 
ment and repair of buildings and works as in their judgment 
shall be absolutely required, and can be completed within the 
appropriation so made; provided, that one-fourth part of the 
moneys so realized from such tax shall be appropriated to the 
uses of the college of agriculture, and, provided, that one-eighth 
part of the moneys so realized from such tax shall be appro- 
priated to the uses of the college of mechanics and engineering, 
and, provided, that two thousand dollars shall be appropriated 
for the uses of the summer school of scieuce, literature, language 
and pedagogy, in connection with the University of Wisconsin, 
authorized by chapter 458, laws of 1889, and, provided also, 
that one thousand dollars shall be appropriated for books for the 
uses of the law library of the university. 

Section 2. The commissioners of public lands be and they are 
hereby authorized to direct the state treasurer from time to 
time to set apart by way of a loan to the fund known as the 
university fund income of the University of Wisconsin for uni- 
versity uses, such uninvested moneys or part thereof in the trust 
funds of the state for the period while so uninvested, as in their 
judgment shall be prudent, such loan to be repaid to the trust 
fund from the portion of such tax hereinbefore appropriated 
with interest at the rate then required on deposits in bank made 
pursuant to chapter two hundred and seventy-three of the gen- 
eral laws of Wisconsin for the year 1891 and the acts amenda- 
tory thereof. 



Normal Schools and Academies. 197 



XVIII. OF NORMAL SCHOOLS AND OF ACADE- 
MIES. 



Board of regents — Terms of office — Tacancies — Sec- 
tion 393. For the government of the normal schools estab- 
lished, and which may hereafter be established, and for the per- 
formance of the duties prescribed to them, there is constituted 
a board of eleven regents, called "the board of regents of nor- 
mal schools," composed of the governor and state superintend- 
ent, as ex-officio regents, and of nine appointed regents. The 
term of office of the regents appointed, commencing with the 
first Monday of February in the year in which appointed, shall 
be three years, and until the appointment and qualification of 
their respective successors; and they are now and shall continue 
divided into three classes, so that the term of office of three 
regents shall expire each year; and not more than two such 
members of the board shall reside in any one congressional dis- 
trict. The governor shall fill all vacancies by appointment, by and 
with the approval of the senate, if the legislature be in session, 
and if not then subject to the approval of the senate at the next 
succeeding session; but in case of a vacancy before the expira- 
tion of a term, the appointment shall be for the residue of the 
term only. 

Regents a body corporate — Powers — Section 39i. The 
board of regents and their successors in office are constituted a 
body corporate, by the name aforesaid; and may puixhase, have, 
hold, control, possess and enjoy, in trust for the slate, for edu- 
cational purposes solely, any lands, tenements, hereditaments, 
goods and chattels of any nature, which may be necessary and 
required for the purposes, objects and uses of the state normal 
schools, authorized by law, and none other^ with full power to 
sell or dispose of such personal property or any part thereof, 
when in their judgment it shall be for the interest of the state; 
and shall possess all other powers necessary or convenient to 
accomplish the objects and perform the duties prescribed by 
law. The board of regents shall not sell, mortgage or dispose 
of, in any way, any real estate, nor borrow money, without the 



198 Normal Schools and Academiefi. 

express authority of the legislature; nor shall they contract in- 
debtedness, nor incur liabilities, to exceed, at any time, in the 
aggregate, the amount of money which, under the provisions of 
law, shall then be at their disposal, in the hands of the state 
treasurer ; nor shall said board ever reduce the amount so at 
their disposal below the aggregate amount of their indebtedness 
or liability, except in payment of such indebtedness or liability. 
The proceeds of the sale of any real or personal estate shall be 
paid by them into the treasury, and shall become a part of the 
income of the normal school fund. The entire income of the 
normal school fund shall be placed at the disposal of the board 
of regents of the normal schools by transfer to the treasurer of 
said board, and shall be distinct and independent fi-om the ac- 
counts of the state, and be apjjiied for the support of normal 
schools as provided by law. 

Officers of board — Terms and duties — Section 395. The 
officers of the board shall be a president, vice-president and sec- 
retary; they shall severally hold their offices for the term of one 
year, and until their successors are elected, and shall perform 
the duties incident to their several offices, and such as are pre- 
scribed by the board. The state treasurer shall be ex-officio the 
treasurer of the board, but the board may appoint suitable per- 
sons to receive and pay to the treasurer any tuition fees, or 
other moneys that may be due from any student or other person. 

Meetings — (Juorum — Section 396. The said board shall 
hold an annual meeting at the capitol, on the second Wednesday 
in July in each year, or at such time as they may designate. 
Special meetings may be called by the governor, or by the pres- 
ident of the board, on a petition, signed for that purpose, by 
any thi^ee regents. A majority ol' the regents shall constitute a 
quorum for the transaction of business; but a less number may 
adjourn from time to time. 

Removal of regents — Not to act in what matters — Sec- 
tion 397. Any regent may be removed from office for cause, 
upon reasonable notice, by a vote of two- thirds of all the re- 
gents. No regent or officer, trustee or person, appointed or 
employed in any position or capacity, connected with normal 
schools or noi^mal institutes, shall at any time act as agent 
of any author or publisher of or dealer in school books, maps or 
charts, or school library books or school furniture or apparatus, 
or become interested, directly or indirectly in the publication, 
manufacture or sale of any such, as agent or otherwise; and for 
a violation hereof, any regent shall be expelled from the board 
by a majority vote of the regents. 

Compensation of regents— Section 398. No member of 
the board of normal regents shall receive any pay for traveling 



Normal Schools and Academies. 199 

to or attendance at any meeting of the board, but for any- 
specific service, rendered under the direction of the board, other 
than attending the meetings thereof, such compensation may be 
a,llowed any member, as the board shall deem just and reason- 
able; and such compensation and all moneys actually and nec- 
essarily expended hj any member in traveling, attending meet- 
ings, or performing any other duty or service, directed to be 
performed, shall be paid out of the normal school fund income 
in the state treasury, on accounts presented to and adjusted by 
the board, and certificate signed by the secretary aiid president 
thereof. 

Other normal schools — How estahlished — How build- 
ings erected — Section 399. In addition to those heretofore 
established, the said board of regents may establish other state 
normal schools, at such places as they may designate, iipon 
sites selected by them ; and when, in their opinion, the educa- 
tional interests of the state require it, thej'^ may proceed to 
erect suitable buildings upon the sites so selected, and they 
may enlarge, alter, or repair any normal school buildings. 
Whenever any such site shall be donated, then as soon as the 
title thereto shall be vested in them in fee in trust as afore- 
said, and when money is donated, then as soon as such money 
is paid into the state treasury, subject to be paid out only on 
the warrant of the secretary of state, as provided in the next 
section, or secured to be paid by the deposit with the state 
treasurer, of United States or Wisconsin state bonds, in amount 
equal in value to the sums of money so donated, said board may 
procure suitable plans and specifications for such buildings, al- 
terations, or repairs thereof, and employ persons to superin- 
tend the construction of the same; and they may advertise for 
proposals to erect, repair or enlarge any normal school build- 
ing, reserving the right to reject any and all proposals made in 
pursuance of such advertisements; and the expense of such ad- 
vertising and procuring plans and specifications shall be paid 
from the normal school fund income. 

Donations, etc., how collected and applied — Section 40U. 

The said board shall demand and receive the sums of money 
danated and subscribed by any persons, or any town, incor- 
porated village, city or county, to aid in the erection of the 
necessary buildings for noi'mal schools, in such manner as said 
board may prescribe, and apply the same in the erection and 
completion of said buildings, the purchase of the necessary 
books, apparatus, furniture and fixtures, and for various other 
incidental expenses, to be incurred by said board, in pursuance 
of the provisions of these statutes, and if any surplus shall re- 
main, apply the same to the expenses of conducting said normal 
schools; and any deficit which may arise in the erection and 



200 Normal Schools and Academies. 

completion of said buildings, and purchases aforesaid shall be 
paid out of the normal school fund income. 

Disbursements, liow made — Section 401. All payments 
for the erection, repairs or enlargement of any normal school 
building, or for fixtures and furniture therefor, and all disburse- 
ments from the normal school fund income, including the ex- 
penses of the board of visitors of normal schools, appointed by 
the superintendent of public instruction, and the expenses of in- 
stitutes hereinafter in this chapter authorized and provided for^ 
shall be made by the treasurer of said board of regents on the 
warrant of the secretary of said board, countersigned by the 
president thereof, drawn in accordance with the directions of 
the said board of regents in payment of accounts duly audited 
and adjusted in accordance with the rules and regulations of 
said board of regents; and in case of a donation, no such war- 
rant shall be issued until the sums donated and subscribed shall 
have been paid in full into the state treasury, nor in any case, 
until the work shall be done, or services rendered, or buildings 
erected, or fixtures or furniture purchased, under the direction 
of said board, entitling the applicant to such warrant, accord- 
ing to a contract or agreement with said board for that pur- 
pose. 

So much of sections 406 and 409, and of all other acts or parts 

of acts as were inconsistent with the provisions of this section. 

was repealed by the act of 1879 aforesaid. 

Objects of schools — Section 402. The exclusive purposes 
and objects of each normal school shall be the instruction and 
training of persons, both male and female, in the theory and art 
of teaching, and in all the various branches that pertain to a 
good common school education, and in all subjects needful to 
qualify for teaching in the public schools : also to give instruc- 
tion in the fundamental laws of the United States and of this 
state, in what regards the rights and duties of citizens. 

Model schools — Section 403. Said board shall also estab- 
lish a model school or schools for practice in connection with 
each state normal school, and shall make all the regulations 
necessary to govern and support the same; and they may in 
their discretion admit pupils to such model schools free of 
charge of tuition. 

Powers of boards as to schools — Section 404. The said 
board shall have the government and control of all the normal- 
schools and shall have pow^r therefor: 



Normal Schools and Academies. 201 

1. To make rules, regulations and by-laws for the good gov- 
ernment and management of the same and each department 
thereof. 

2. To appoint a principal and assistants, and such other 
teachers and officers, and to employ such persons as may be re- 
quired for each of said schools; to fix the salary of each person 
so appointed or employed, and to prescribe their several duties. 

3. To remove at pleasure any principal, assistant or other of- 
ficer or person, from any office or employment in. connection 
with any such school. 

4. To purchase any needful and proper apparatus, books or 
articles, to assist in instruction, and to provide for all necessary 
fuel and supplies for the conduct of such schools. 

5. To prescribe the courses of study, and the various books 
to be used in such schools. 

6. To cause notice to be given of the opening of such schools, 
and the several terms thereof. 

7. To prescribe rules and regulations for the admission of 
students; but every applicant for admission shall undergo an 
examination to be prescribed by the board, and shall be rejected 
if it shall appear that he is not of good moral character, or if 
applying as a free-pupil, will not make an apt or good teacher. 

8. To require any applicant for admission, other than such 
as shall, prior to admission, sign and file with said board a dec- 
laration of intention to follow the business of teaching common 
schools in this state, to pay or to secure to be paid such fees for 
tuition as the board may deem proper and reasonable. 

9. To cause lectures on any art, science or branch of litera- 
ture to be delivered in any such schools, on such terms and con- 
ditions as they may prescribe. 

10. To confer by by-laws upon the principals of the several 
normal schools the power to suspend or expel pupils for miscon- 
duct or other cause prescribed in such by-laws. 

Diplomas and state certificates — Section 405. Said board 
may grant diplomas in testimony ;0f scholarship and abilty to 
teach, but no such diploma shall be granted until such graduate 
shall have passed a thorough siid satisfactory examina- 
tion in the course of study prescribed by the board. When 
any such graduate has, after receiving such diploma, taught 
a public school in this state one year, the state superintend- 
ent may, after such examination as to moral character, learn- 
ing and ability to teach, as to him may seem proper, counter- 
sign the diploma of such teacher, and thereafter such counter- 
signed diploma shall be evidence of his qualifications to teach 
in any common school, and shall have the force and effect of an 
unlimited state certificate. The said board may also, on such 
conditions as they may determine, grant a certificate of attend- 
ance, certifying that the holder has completed the elementary 



202 Normal Schools and Academies. 

course in a normal school and is qualified to teach a common 
school; and the said superitendent may, upon conditions above 
prescribed respecting diplomas, countersign such certifi- 
cate, and thereafter, such countersigned certificate shall be evi- 
dence of his qualification to teach in any common school of the 
state, and shall have the full force and effect of a limited state 
certificate. 

Visitors^ appointment of — Duties — Section 406. After 
any state normal school shall have commenced its first term, 
and at least once in each year thereafter, it shall be visited by 
three suitable persons, not members of the board, but to be ap- 
pointed by the state superintendent who shall examine thor- 
oughly into the condition, organization and management of the 
school, and shall report to the said superintendent their views 
in regard to its success and usefulness, and any other matters 
they may judge expedient. Such visitors shall be appointed an- 
nually, and their report shall bear date of the thirty-first day 
of August and cover the year preceding such date. 

See section 401, and the comment on the same. 

Appropriation for flftli normal school — Section 406a. 
1. There is hereby annually appropriated fromi any money in the 
state treasury not otherwise appropriated, the sum of ten thou- 
sand dollars, which, together with the balance of the normal 
school in come, or so much thereof as may be necessary to main- 
tain such school fund not required to support the four state 
normal schools now in operation, and the teachers' institutes 
now provided to be held at the expense of that fund, shall be 
applied to opening and maintaining the fifth state normal school, 
as provided in chapter 299, general laws of 1880. 

Duty of secretary of state — 2. The secretary of state shall 
issue his warrant upon the state treasurer quarterly for one- 
fourth of the amount herein annually appropriated, directing 
the transfer of that sum from the general fund to the normal 
school income fund, for the uses and purposes therein specified, 
until the annual income of the normal school fund shall reach 
the sum of one hundred thousand dollars annually over and 
above the amount herein appropriated, when the issue of such 
warrants shall be discontinued, and the annual appropriation 
herein provided for shall cease. 

3. The secretary of state shall annually apportion the amount 
paid by authority of this act among the several counties of the 
state, in the same manner and at the same time as other state 
taxes are apportioned. 

Standard of instruction — 4. The normal schools shall, at 
all times hereafter, be fully maintained at their present curric- 
ulum and standard of study and instruction. 



Normal Schools and Academies. 203 

Appropriation for — Section 1.. (Chapter 185, laws of 
1893.) There is hereby appropriated to the normal school fund 
income the sum of money mentioned and described in the fourth 
subdivision of section 1 of chapter 453 of the general laws of 
Wisconsin for the year 1891, the amount thereof being seventy 
thousand nine hundred and thirty-nine dollars and two cents, 
which sum was, by said act, applied to the drainage fund. This 
appropriation shall include the said sum of money, and shall 
also include all earnings thereof that have been made since the 
same was paid into the state treasury, and that may have been 
received by the state treasurer at the date of the transfer of the 
said sum of money to the normal school fund income, as pro- 
vided herein. Twenty thousand dollars of the sum hereby ap- 
propriated m.ay be used and expended by the board of regents of 
normal schools in the repair of present normal buildings and in 
the maintenance of such normal schools as are now established. 
The remainder of the said sum herein appropriated to the nor- 
mal school fund income shall be applied and used by said board 
in building and equipping two new normal school buildings, as 
the board shall hereafter locate, establish and build. The secre- 
tary of state shal], immediately after the passage and publication 
of this act, issue his warrant for the said anaount of seventy 
thousand nine hundred and thirty-nine dollars and two cents to 
the state treasurer, and the state treasurer shall, immediately 
upon the receipt thereof, transfer the said sum of money hereby 
appropriated from the drainage fund to the normal school fund 
income, to be used for the purposes hereinbefore specified. 

Section 2. Any person, town, incorporated village, city or 
county lying in Wisconsin, is hereby authorized to donate a 
site and moneys, for the purpose of aiding in the construction 
of said additional normal school buildings, and the provisions 
of chapter 26 of the revised statutes of 1878, and the acts 
amendatory thereof, relating to the establishment of normal 
schools, and the donation of sites and sums of money for that 
2Durpose, shall apply to and govern all donations for the addi- 
tional normal schools mentioned in this act. 

Section 3. For the purpose of constructing normal school 
buildings, and of conducting and maintaining normal schools 
therein, there shall be levied and collected annually, hereafter, 
as other state taxes are levied and collected, a state tax of one- 
twentieth of one mill for each dollar of the assessed valuation of 
the taxable property of the state; which amount so levied and 
collected, is hereby appropriated to the normal school fund in- 
come, for the uses and purposes specified in this section. 

A one-flfth mill tax — Section 1. (Chapter 91, laws of 
1805.) There is hereby. appropriated to the normal school fund 
income out of any money in the state treasury not otherwise ap- 



204 Normal Schools and Academies. 

propriated the following sums: (1) For current expenses for 
the year 1894-95, six thousand dollars. (2) For libraries, ten 
thousand three hundred dollars. (3) For equipment for chemi- 
cal, physical and biological laboratories, museums of natural 
history, drawing departments and gymnasia, fourteen thousand 
seven hundred dollars. (4) For heating apparatus, repairs and 
furniture, forty-one thousand five hundred dollars. 

Section 2. Section 3, chapter 185, laws of 1893, is hereby 
amended so as to read as follows: Section 3. For the purpose of 
conducting and maintaining the state normal schools, there 
shall be levied and collected annually hereafter as other state taxes 
are levied and collected, a state tax of one-fifth of one mill for 
each dollar of the assessed valuation of the taxable property 
of the state; which amount so levied and collected is hereby ap- 
propriated to the normal school fund income for the uses and 
purposes specified in this section. Provided, that until the 
seventh normal school is established and put in operation thesum 
of twenty thousand dollars shall be annually returned to the gen- 
eral fund. 

Section 3. For the purpose of carrying out the provisions of 
this act, the secretary of state and state treasurer, with the 
consent and approval of the governor, are hereby authorized and 
empowered to transfer from the trust funds of the state to the 
general fund the sum of seventy-two thousand five hundred dol- 
lars, to be returned to the trust funds from the general fund in- 
come for the fiscal year ending on the 30 ih day of September, 
1896. 

One-tenth mill tax — Section 1, chapter 53, laws of 1897. 
For the purpose of conducting and maintaining the state nor- 
mal schools, there shall be levied and collected, annually, here- 
after, in addition to all other income now pi^ovided by law, as 
other state taxes are levied and collected, a state tax of one- 
tenth of one mill for each dollar of the assessed valuation of the 
taxable property of the state, which amount so levied and col- 
lected is hereby appropriated to the normal school fund income, 
for the uses and purposes specified in this section. 

Section 2. The commissioners of the public lands be and they 
are hereby authorized to loan to the board of normal school re- 
gents of the state of Wisconsin such part of the normal school 
funds as they shall deem prudent, not to exceed the sum of 
($60,000) sixty thousand dollars; such loan to be repaid from 
the income of the normal schools of the state of Wisconsin, and 
from any appropriations hereafter made for their support and 
maintenance, as follows, to-wit: The sum of five thousand dol- 
lars ($5,000) February first, 1898, the sum of five thousand dol- 
lars ($5,000) February first, 1899, and the sum of ten thousand 
dollars ($10,000) on the first day of February each year there- 
after until said loan is fully paid and discharged. 



Normal ScliooU and Acadeviies. 205 



TEACHERS INSTITUTES. 

How held and conducted — Section 407. Institutes for the 
instruction of teachers shall be held in each year, in such coun- 
ties as may be designated by the state superintendent, with 
the advice and concurrence of said board, preference being 
given to such counties as receive the least direct benefits from 
the normal schools. The state superintendent, by and with 
the advice and consent of said board, may make such rules and 
regulations as they shall deem proper for organizing and 
conducting such institutes, and may, by and with the like, ad- 
vice and consent, employ an agent or agents to perform such 
work in connection thei-ewith, as by such rules and regulations 
may be prescribed. Each of said institutes shall be held under 
the direction of such agent or agents, assibted by the county 
superintendent. The course of study pursued in such institutes 
shall, as far as practicable be uniform, and be prescribed by the 
state superintendent, with the assistance of such agents, but 
subject to revision by said board. 

Funds for institutes — Section 408. For the purpose men- 
tioned in the pi-eceding section, the said board may use such 
sum, not exceeding eight thousand dollars in any year, as it 
may deem necessary, of which not exceeding six thousand dol- 
lars shall be paid from the normal school fund income, and not 
exceeding two thousand dollars from the general fund, and the 
state superintendent may use such additional sum, not exceed- 
ing one thousand dollars, to be also paid from the general fund, 
as he shall deem proper, for the purpose of providing public lec- 
tures in connection with such institutes, by the professor of the 
theory and art of teaching ot the university, or such other com- 
petent person as the state superitendent may designate, and 
such amounts as shall be so expended, are hereby annually ap- 
propriated from the said funds respectively. 

This act increases by one thousand dollars the amount that 
may be appropriated from the normal school fund income for 
maintaining teachers' institutes and adds to the original law, 
a clause in the following language: " Or such other competent 
person as the state superintendent may designate, " and simply 
enlarges the list of persons that may be employed to lecture at 
teachers' institutes. 

How warrants to be drawn for expenses — Section 408a. 
The secretary of state is hereby authorized to draw his warrant, 
payable to the treasurer of the board of regents of normal 



206 Normal Schools and Academies. 

schools, for the several appropriations made by section 408 of 
the revised statutes for the years 1878, 1879, 1880 and 1881, 
upon the certificate of the president and secretary of said board 
of regents that the same has been expended in each of said 
years for the purposes designated in said section ; and said sec- 
retary of state shall annually, upon presentation to him of 
the certificate of the president and secretary of said board of 
regents of normal schools, of the amount expended for the pur- 
poses mentioned in said section 408, draw his warrant for the 
amount, payable as above provided, such warrant not to exceed 
the sum of two-sevenths of the amount so certified to as actually 
expended. 

Normal school fiiiitl income — Section 409. The iiormal 
school fund income, shall, under the direction and management 
of the said board, be applied, and is hereby appropriated, to the 
establishment and support of the state normal schools, and the 
purposes directed in this chapter. 

See section 401, and the comment on the same. 

Report of regents •— Section 410. The president of said 
board shall make to the state superintendent an annual report, 
bearing date the thirty-first day of August, which shall contain 
a full and detailed account of the doings of the said board, and 
of all their expenditures, and of all moneys received, and the 
prospect, progress, and condition of said state normal schools; 
and such report, together with the reports of the diff'erent boards 
of visitors, shall be transmitted to the legislature by the state 
superintendent as a part of his annual report. 

Amended by chapter 169, laws of 1879, which requires the 
president to report to the governor. The latter act was amended 
by chapter 320, laws of 1883, requiring all reports to be made 
biennially. 



OP ACADEMIES. 

To report annually — Section 411. It shall be the duty of 
the president of the board of trustees of every organized academy, 
seminary, and literary or collegiate institution, hei^etofore incor- 
porated, or that shall be hereafter incorporated, to cause to be 
made out by the principal instructor or other proper ofticer, and 
forwarded to the state superintendent, on or before the tenth day 
of October, in each year, a report for the year terminating 



Normal Schools and Academies. 207 

with the next preceding thii^ty-first day of August, setting forth 
the amount and estimated value of real estate owned by the cor- 
poration ; the amount of other funds and endowment, and the 
yearly income from all sources; the number of instructors and 
their respective salaries; the number of students in the differ- 
ent classes, and the yearly rates of tuition; the studies pursued 
and the books used; the course of instruction and such matters 
as shall be specially requested by said superintendent, or as 
shall be deemed proper by the president or principal of such 
academies or institutions to enable the state superintendent to 
lay before the legislature, in his annual report, a fair and full 
statement of the affairs and condition of such institutions. 



208 The State Superintendent. 



XIX. THE STATE SUPERINTENDENT. 



Term and oath of office — Section 164. The term of office 
of the state superintendent shall be two years. He shall, within 
twenty days after he receives notice of his election, and before 
entering upon the duties of his office, take and subscribe the 
constitutional oath of office, which oath shall be filed in the of- 
fice of the secretary of state. 

Assistant superintendent — Section 165. The state super- 
intendent may appoint under his hand' an assistant, who shall 
take the constitutional oath of office, which, with his appoint- 
ment, shall be filed in the office of the secretary of state. Such 
assistant shall perform such duties as the superintendent shall 
prescribe, not inconsistent with law; and the superintendent 
shall be responsible for all acts of such assistant. 

Chief clerk — Salary -^Section 165a. 1. In addition to 
the present pro'visions of law for clerk hire in the office of state 
superintendent, the state superintendent is hereby authorized 
to appoint a suitable person to the position of chief clerk in his 
office, who shall, under the direction of the state superintend- 
ent, have charge of the correspondence and books incident and 
necessary to the business of the office of the said state superin- 
tendent, and render such other assistance as the state superin- 
tendent may direct. 

2. The appointment of the chief clerk of the state superin- 
tendent shall be filed with the secretary of state. The salary 
of said clerk shall be fifteen hundred dollars per annum, payable 
monthly, and there is hereby annually appropriated from the 
state treasury out of funds not otherwise appropriated, a sum 
sufficient to pay the salary of the clerk hereby authorized to be 
appointed. 

Extra clerk — Salary — Section 165^*. 1. The state super- 
intendent is hereby authorized to appoint one clerk, in addition 
to the chief clerk now provided for that office, who shall, under 
the direction of the state superintendent, aid in promoting the 
establishment, maintenance and control of libraries as provided 
by law. 



The State Superintendent. 209 

2. The salary of the additional clerk authorized by this act 
shall not exceed twelve hundred dollars per annum, and shall be 
paid in the same manner as the salaries of all other clerks in 
departments, and the expenses of such additional clerk, actually 
incurred in the performance of duty herein specified, not ex- 
ceeding in any one year the sum of two hundred and twenty- 
five dollars, shall be certified monthly by the state superintend- 
ent, and the salary shall be paid and Expenses reimbursed from 
the state treasury, and there is hereby annually appropriated 
from the general funds in the state treasury, not otherwise ap- 
propriated, a sufficient sum to carry into efiect the provisions 
of this act. 

By chapter 355, laws of 1897, the compensation of the library 

clerk was increased to $1,400 a year. 

Additional clerks — Salaries — Section 165c. ]. The state 
superintendent may employ such additional clerks in his office 
as shall be necessary to the correct, prompt and efficient dis- 
charge of the duties imposed upon him by law, and fix their 
compensation, which shall be paid out of the state treasury; 
provided, that the salary of no clerk hereby authorized shall ex- 
ceed the sum of one thousand dollars per annum, and that the 
aggregate amount annually expended for such additional clerical 
force shall not exceed the sum of sixteen hundred dollars per 
annum. 

Chapter 355^ laws of 1897, provides that after July 1, 1897, 
the clerical force of the superintendent's office contemplated by 
this section, shall be one index and filing clerk at a salary of 
$1,000 a year and one clerk and stenographer at a salary of 
$7-0 a year. 

Appropriation — 2. There is hereby appropriated a suffi- 
cient sum of money to carry out the provisions of this act. 

Inspector of free high schools — Section 16bd. 1. The 
state superintendent is hereby authorized to appoint a pei'son 
of suitable qualifications to assist him in visiting, inspecting 
and supervising the free high schools of the state, and to aid in 
giving information and needed assistance to localities in organ- 
izing and maintaining free high schools in towns where no 
graded schools exist. 

Salary. 2. The person appointed pursuant to the provisions 

of this act shall receive an annual salary of eighteen hundred 

dollars, and reimbursement for all actual and necessary expenses 

incurred, payable monthly, upon the certificate of the state 

14 



310 The State Superintendent. 

superintendent, from the annual appi'opriation to encourage the 
establishment of free high schools provided in chapter 352, of 
the general laws of 1885. (Sec. 491rt.) 

Other duties. 3. The person hereby authorized to be ap- 
pointed by the state superintendent may be assigned such duties 
in the office of the state superintendent when not engaged in 
the specific duties enumerated in section 1, of this act, as the 
said state superintendent may determine and designate. 

Slipermteiideilt's duties — Section 166. The state superin- 
tendent shall have a general supervision over the common 
schools in this state, and it shall be his duty: 

To Tisit and inspect schools — 1. To visit, so far as prac- 
ticable, every county in the state for the purpose of inspecting 
the schools, awakening an interest favorable to the cause of ed- 
ucation, and diffusing as widely as possibly, by public addresses 
and personal communication with school officers, teachers and 
parents, a knowledge of existing defects, and of desirable im- 
provements in the government and the instruction of the schools. 

As to text-hooks — 2. To recommend the introduction of 
the most approved text- books, and as far as practicable to se- 
cure a uniformity in the use of text-books, discourage the use 
of secretarian books and secretarian instruction in the schools; 
to advise in the selection of books for school-district libraries, 
and to open such correspondence abroad as may enable him to 
obtain, so far as practicable, information relative to the system 
of common schools and its improvements in other states and 
countries, which he shall embody in his annual report to the 
legislature. 

As to school lihraries, laws, hulletins, courses of study, 
etc. — 3. To prescribe rules and regulations for the manage- 
ment of school-district libraries, and the penalty which shall be 
imposed by the district boards for any violation of such rules 
and regulations ; he shall prepare for the use of common school 
officers suitable forms for making reports and conducting all 
necessary proceedings; he shall cause the laws relating to com- 
mon schools, with the rules and regulations and forms aforesaid, 
and such instructions as he shall deem necessary, to be printed 
in pamphlet form, with a suitable index; and he shall cause 
such pamphlets to be distributed among the several districts 
and other officers having the care of common schools throughout 
the state; he shall from time to time, by printed circulars and 
bulletins of information, communicate with teachers and school 
officers relating to m_atters connected with the management of 
public schools and the administration of his office; he shall pre- 
pare and publish from time to time, as occasion may require, 
courses of study for ungraded and for high schools, with such 



The State Superintendent. 211 

comments and instructions appended as may be deemed neces- 
sary, for distribution to school officers, teachers and others in- 
terested. The printing herein .authorized shall be done at the 
expense of the state, by the person authorized to do the state 
printing. 

To determine appeals — 4. To examine and determine all 
appeals, which by law may be made to him, according to the 
laws regulating the same, and his decisions thereon shall be 
final; and to prescribe rules of practice in respect thereto, not 
inconsistent with law. 

To purchase books — 5. To collect in his office such school 
books, apparatus, maps, and charts as can be obtained without 
expense to the state ; and also to purchase at an expense not ex- 
ceeding one hundred and fifty dollars a year, to be paid out of 
the state treasury, rare and valuable works on education, for 
the benefit of teachers, authors, and others who may wish to con- 
sult them. 

To apportion fund — 6. To apportion and distribute the 
school fund income as provided by law. 

To furnish copies — 7. To make copies when required by 
any person so to do, of any paper deposited or filed in his office, 
and of any act or decision made by him, and certify the same; 
and he may demand therefor twelve cents per folio. 

Biennial report — 8. To pi-epare in each year (biennially) a 
report to be delivered by him to the governor, on or before the 
tenth day of December, containing: 

First. An abstract of all tlie common school reports received 
by him from the several clerks of the county boards of supervis- 
ors. 

Second. A statement of the common sclicols in this state. 

Third. Estimates and accounts of expenditures of the school 
money. 

Fourth. Plans for the improvement and management of the 
ccmmon sclool fund, and for the better organizalicn of cotnmon 
schools. 

Fifth. A statement of his official visits, and of his travels in 
making the same during the past year. 

Sixth. All such matters relating to his office, and tlae com- 
mon schools of the state, as he may deem expedient to commu- 
nicate. 

Conyentions of superintendents — 9. It shall be the duty 
of the state superintendent of schools annually to hold at least 
four conventions, in as many different and most convenient and 
accessible points in the state, for the purpose of consultation, 



212 - The State Superintendent. 

advice and insti-uction, with county superintendents of schools, 
in regard to supervision and management of the public schools. 

(Generally — 10. To perform all other dutips imposed upon 
him by law. 

Office where kept — Section 167. The state superintendent 
shall have an office in the-capitol, where shall be deposited all 
papers and documents appertaining to the business of his office; 
and to which place communications on the subject of common 
schools may be addressed to him. 

By the general law requiring all state officers to make re- 
ports biennially, the state superintendent makes report but 
once in two years, but includes therein abstracts of all reports 
received in each year covered by the report. 



Constitutional- Provisions. 213 



XX. CONSTITUTIONAL PROVISIONS. 



\_ Article 10.1 

EDUCATION. 



Superintendent of instruction, how chosen, powers and 
compensation — Section 1. The supervision of public in- 
struction shall b'e vested in a state superintendent, and such 
other officers as the legislature shall direct. The state superintend- 
ent shall be chosen by the qualified electors of the state, in such 
manner as the legislature shall provide; his powers, duties and 
compensation shall be prescribed by law. Provided, that his 
compensation shall not exceed the sum of twelve hundred dol- 
lars annually. 

School fund, what is; interest of, how applied — Sec- 
tion 2. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this state for educa- 
tional purposes (except the lands heretofore granted for the pur- 
poses of a university), and all moneys, and the clear proceeds 
of all property that may accrue to the state by forfeiture or 
escheat, and all moneys which may be paid as an equivalent for 
exemption from military duty; and the clear proceeds of all 
fines collected, in the several counties, for any breach of the 
penal laws, and all moneys arising from any grant to the state 
where the purposes of such grant are not specified, and the five 
hundred thousand acres of land, to which the state is entitled 
by the provisions of an act of congress, entitled, "An act to 
appropriate the proceeds of the sales of the public lands, and to 
grant pre-emption rights," approved the fourth day of Septem- 
ber, one thousand eight hundred and forty -one; and also the 
five per centum of the net proceeds of the public lands to which 
the state shall become entitled on her admission into the Union 
(if congi'ess shall consent to such appropriation of the two grants 
last mentioned) shall be set apart as a separate fund, to be 
called the "school fund," the interest of which, and all other 
revenues derived from the school lands, shall be exclusively ap- 
plied to the following objects, to-wit: 



214 Constitutional Provisions. 

1. To the support and maintenance of common schools, in 
each school-distiict, and the purchase of suitable libraries and 
apparatus therefor, 

2. The residue shall be appropriated to the support and 
maintenance of academies and normal schools, and suitable 
libraries and apparatus therefor. 

District schools — Tuition — Sectarian instruction — 

Section 3. The legislature shall provide by law for the estab- 
lishment of district schools, which shall be as nearly uniform 
as practicable; and such schools shall be free and without 
charge for tuition, to all children between the ages of four and 
twenty years; and no sectarian instruction shall be allowed 
therein. 

Annual school tax — Section 4. Each town and city shall 
be required to raise, by tax, annually, for the support of com- 
mon schools therein, a sum not less than one-half the amount 
received by such town or city respectively for school purposes 
from the income of the school fund. 

Income of school fund, how distributed — Section 5. Pro- 
vision shall be made by law, for the distribution of the income 
of the school fund among the several towns and cities of the 
state, for the support of common schools therein, in some just 
proportion to the number of children and youth resident therein, 
between the ages of four and twenty years, and no appi'opria- 
tion shall be made from the school fund to any city, or town, 
for the year in which said city or town shall fail to raise such 
tax; nor to any school-district for the year in which a school 
shall not be maintained at least three months. 



FORMS 

FOR THE USE OF SCHOOL OFFICERS. 



No. 1. 



Porm of order organizing a new school-district, to be filed with the town 

clerk. 

It is hereby ordered and determined that [here describe the 
territory to be comprised in the district, by sections and parts 
of sections] shall hereafter constitute a school-district, to be 

known as school-district No. — , of the town of . 

Given under our hands, this day of , 18 — . 

(Signed) A. B. "\ Supervisors 

C. D. V of the town 
E. F. ) of —^ . 

Note. — For form of order organizing joint district, see No. 6. 



No. 2. 



Form of notice for the first meeting of a school-district, to be delivered by 
the town supervisors to a taxable inhabitant of the district. 

Having, on the day of , 18 — , formed a new school- 
district, to be known as school-district No. — , of the town of 

) [oi" joint school-district No. — , of towns of and , 

in case it be a joint district] comprising the following terri- 
tory: [Here insert the description of the district, as in form 
No. 1], you are hereby directed to notify every qualified voter 
of said district to attend the first meeting thereof, which is 
hereby appointed to be held at the house of , in said dis- 
trict, on the day of , 18 — , at — o'clock in the noon, 

by reading this notice in the hearing of each such voter, or in 



216 Forms. 

case of absence from his place of residence, by leaving thereat 
a written notice of the time and place of such meeting, at least 
five days before the time appointed for such meeting, and 
thereof to make due return. 

Dated at , this day of , 18 — . 

(Signed) A. B. ~\ Supervisors 

C. D. V- of the town 
E. F. ) of . 

Note.— If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



No. 3. 



Form of notice for first meeting, to be left at the residence of a voter when 

absent. 

To A. A. : 

By direction of the supervisors of the town of , you are 

hereby notified that the first meeting of school-distr-ict No. 

, of , recently formed, will be held at the house of 

, in said district, on the day of 

18 , at o'clock in the noon. Your attendance is 

requested. 

(Signed) G. H. , 

Person appointed to give notice. 



No. 4. 



Form of return to be endorsed upon notice received from town supervisors,, 
on the formation of a school-district. 

I hereby certify that I have notified the following named per- 
sons [here give the names in full], personally, and the following- 
named persons [here insert namesj by copy, according to the di- 
rections of the within notice. 

Dated this day of , 18 — . 

(Signed) G. H. , 

Person appointed to give notice. 



Forms. 217 



No. 5. 



Form of notice for a meeting of a school-district to be delivered by the 
town supervisors, to a taxable inhabitant, in case there is no officer to 
call a meeting. 

To A. B., a taxable inhabitant of school-district No. — , of : 



You are hereby directed to notify every qualified voter of 

school-district, No. — , of , to attend a meeting thereof, 

which is hereby appointed to be held at the house of , 

in said district on the day of , 18 — , at o'clock 

in the noon, by reading this notice in the hearing of such 

voter, or in case of absence from his place of residence, by leav- 
ing thereat a written notice of the time and place of such meet- 
ing, at least five days before the time appointed for such meet- 
ing. The following is a description of said district: [here de- 
scribe the district as in form No. l.J 

(Signed) A. B. ~\ Supervisors 

C. D. [ of the town 
E. F. 3 of . 

Note — If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



No. 6. 

Form of order organizing a joint school-district. 

It is hereby ordered and determined that [here describe the 
territory by sections and parts of sections] shall hereafter con- 
stitute a school-district, to be known as joint school-district 

No. , of the towns of [here insert the names of all the towns 

in which any portion of the district is situated]. 

Given under our hands, this day of , 18 — . 

(Signed) A. B. ~\ Supervisors 

C. D. I of the town 
E. F. ) of . 

G-. H. ^ Supervisors 
I. J. [- of the town 
K. L. \ of . 

Note. — The above order must be signed by at least two supervisors from 
each town affected by it, and a copy must be filed with the town clerk of 
each town. 



218 Forms. 



No. 7. 

Form of acceptance of office by district officers elected at the first meeting 
after the formation of a district, to be filed with the clerk of the meet- 
ing. 

I hereby signify my acceptance of the office of , of 

school-district No. — , in the town of , to which I have 

been elected. 

Dated this day of , 18 — . 

(Signed) G-. H. 



No. 8. 



Form of notice to be given to the district clerk when alteration of the 
boundaries of a district is contemplated. 

To C. D., Clerk of school-district No. — , of town of : 



You will take notice that we shall be present at [here mention 

the place], on the day of — '■ , 18 — , at — o'clock in 

the noon, to hear and decide upon certain proposed altera- 
tions of the boundaries of said school-district. 

Dated this day of , 18 — . 

(Signed) A. B. ") Supervisors 

C. D. y of the town 
E. F. ) of . 

Note. — In case of a joint district, the above notice must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district or districts to be affected by the proposed alteration. 



No. 9. -.^^-*=%v 

Form of order for altering the boundaries of a school-district. 

It is hereby ordered and determined that the [here describe 
the territory by sections and parts of sections], now part of 

school-district No. , of the town of -, be and hereby is 

taken from said school-district, and attached to and made a part . 



Forms. 219 

of school-district No. , of said town for all purposes whatso- 
ever. 

This order will take effect on the day of , 18 — . 

Given under our hands the day of — , 18 — . 

(Signed) A. B. ~\ Supervisors 

C. D. ^ of the town 
E. F. ) of . 

Note 1. — The above order must be filed with the town clerk and the dis- 
trict clerk; and in case of a joint district the .order must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district and tiled with the town clerk of each town, and the district 
■clerk of each district affected by the alteration. 

NoTR 2. The board of each district affected by the alteration may en- 
dorse their consent on the order as follows: 

We hereby consent to the alteration made in school-district 

No. — , of the town of ., agreeably to the within order of 

the town supervisors of said town. 

(Signed) G. H. , Director, ^ Of said school-district 
E. F., Treasurer, v No. — , of the town 
C. D., Clerk, ) of . 

Note.— When such consent is not endorsed upon the order, it will not 
take effect until three months after its date, and no order can be made to 
take effect between December 1, and April 1 immediately following. 



No. 10. 



Form of order of town supervisors awarding proportion of value of property 

to new district. 

To the district clerk of school-district No. — , of the town of 



Having formed a new school-district. No. , of the town 

of , in part [or wholly] from the territory of your district, 

we have ascertained and determined the proportion of value of 
the schoolhouse and other property, justly due to such new 
school-district from your district, retaining such schoQlhouse and 

other property to be dollars. You are therefore to raise 

and collect by tax, upon the taxable property of your district, 

the said sum of dollars, and when collected pay the same 

to the treasurer of said new district. 

Given under our hands this day of , 18 — . 

(Signed) E. F. T Supervisors 

C. D. \ of the town 
A. B. [of . 

Note. — In the case of a joint district, the above notice must be signed by 
a majority'bf the supervisors of each town embraced, in part, in the dis- 
trict. 



220 Forms. 



No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school-dis- 
trict No. — , of the town of , that the annual meeting of 

said district for the election of officers and the transaction of 
other business, will be held at , on the first Monday, be- 
ing the day' of July, at 7 o'clock in the afternoon [unless 

some other hour was determined upon by the district at the 
previous annual meeting]. 

Dated this day of , 18 — . 

(Signed) 

CD., 
District Clerk. 

Note.— The above notice must be affixed to the outer door of the school- 
house, if there be one in the district, and must be posted up in at least 
three other public places, at least six days before the time appointed for 
the meeting. 



No. 12. 

Form of notice for an adjourned district meeting, when such meeting has 
been adjourned for a longer period than one month. 

Notice is hereby given; that a meeting of the qualified elec- 
tors of school-district No. — , in the town of , will be 

held at , in said district, on the — day of , 18 — , 

at — o'clock in noon, pursuant to adjournment. 

Dated this — day of , 18—. C D., 

(Signed) ' District Clerk. 

Note -The foregoing must be posted the same as for the annual meet- 



No. 13. 



Form of req 'lest for clerk to call a special district meeting. 
To A. B., clerk of school-district No. — of the town of - 



Sir — You are hereby requested to call a special meeting of 
the above district on the day of , 18 — , at 



Forms 221 

o'clock in the noon, for the purpose of [here state the 

business to be transacted]. 

(Signed) A. B 

C. D. 

E. F. 

G. H. 

I. J. 

Note. — The above notice must be signed by at least five legal voters. 



No. 14. 



Form of notice for special district meeting. 

Notice is hereby given to the qualified electors of school- 
district No. — , in the town of , that a special naeeting of 

said district v^^ill be held at , on the day of , 

18 — , at o'clock in the noon, for the following objects: 

[Here particularly specify each item of business to be acted 
upon.] 

(Signed) C. D., 

District Clerk. 

Note. — The above must be posted as for an annual meeting, and in case 
it is intended to raise a tax, or vote a loan, three-fourths of the legal voters 
must be personally notified of the meeting, or a copy of the above notice 
must be let at their places of residence, at least six days before the time 
appointed for the meeting. 



Form of notice for special school meeting for the purpose of authorizing 
the district board to borrow money from the trvist funds of the state, and 
to vote the taxes required by law to be voted, in order to obtain such loan. 

Notice is hereby given to the qualified voters of school- 
district No. — , town of , that a special school meeting of 

said district will be held at , in said district on the 

day of , 18 — , at o'clock P. M., for the purpose of vot- 
ing on the following propositions, viz : 

1st. To authorize the school board to make application for a 

loan of dollars from the state trust funds, payable in 

years, with interest at the rate of per cent, per 

annum, payable annually in advance, for the purpose of build- 
ina: a schoolhouse. 



222 Forms. 

2d. To raise by tax a sum sufficient to pay the principal and 
interest of such loan as it becomes due. 

3d. To raise by tax the sum of dollars, to be collected 

in the tax for the year to aid in building a schoolhouse. 

(Signed) , 

Dated . District Clerk. 



No. 15. 



Form of notice to be given by the clerk of a school-district meeting to the 
officers elect who were not present at the meeting. 

To : 



You are hereby notified that at a meeting of school -district 

No. — , in the town of , held on the day of , 18 — , 

you were duly elected of said district. 

Dated this day of , 18 — . 

(Signed) C D., 

Clerk of said meeting. 

Note. — This notice is required to be given within five days after the 
meeting, and only to those persons elected to office who were not present 
at the time. 



No. 16. 



For 01 of refusal to accept district office, to be filed with the clerk of the 

district. 

To the clerk of school-district No. , in the town of 



You are hereby notified of my refusal to accept the office of 
-, to which I'was elected at the meeting of said district, 



held on the day of , 1! 

(Signed) " G- H. 

Note.— This notice of refusal must be filed within ten days after the 
election, or the person will be deemed to have accepted the oflBce, and be 
liable for non-performance of duty. 



Forms. 223 



No. 17. 



Form of an appointment to fill a vacancy in the district board. 

To A. B. : 

The office of [clerk, director, or treasurer] of school-district 

No. , of the town of , having become vacant, you are 

hereby appointed to fill such vacancy until the next annual 
meeting in said district. 

Dated this day of , 18 — . 

(Signed) G-. H., Director. 

E. F., Treasurer. 
[Or other members of the board as the case may be.] 

Note. — It requires two members of the board to make an appointment. 
If they neglect for ten days to fill the vacancy, it must be done by the town 
clerk, after the following form; in either case the appointment must be 
filed with the district clerk. 



No. 18. 

Form, when the town clerk appoints. 

To A. B. ! 

The office of [clerk, director or treasurer] of school-district 

No. , of the town of , having become vacant, and the 

district board of said district having failed to fill the same 
within ten days you are hereby appointed to fill such vacancy 
until the next annual meeting of said district. 

(Signed) C. D., Town Clerk. 

Note. — In case a vacancy in a joint district is to be filled by the town 
clerk, the appointment is to be made by the clerk of the town containing 
the schoolhouse. (See sec. 433.) 



No. 19. 

Form of refusal to accept a district office by appointment. 

To the district board of school-district No. [or the town 

clerk as the case may be], of the town of : 

You are hereby notified of my refusal to accept the office of 



224 Forms. 

of school-district No. , of said town, to which I was 

appointed by you on the day of , 18—. 

Dated this day of , 18 — . 

(Signed) G. H. 

Note. — The notice of refusal must be filed with the clerk or director 
within five days after the appointment, or the person shall be deemed to 
have accepted the office, and be liable to a fine for non-performance of 
duty. 



No. 20 (deed or lease). 

Form of deed of a schoolhouse site. 

Know all men by these presents, that I, A. B. [and C. B., 

his wife, if married], of the town of , in the county of , 

in state of Wisconsin, party of the first part, for and in consid- 
eration of the sum of dollars to them in hand paid by the 

district board of school-district No. , of the town of , 

county of , and state aforesaid, the receipt whereof is 

hereby acknowledged, do hereby grant, bargain, sell and con- 
vey to the said school-district, party of the second part and 
their assigns, the following described piece of land, namely: 
[Here insert description of land,] together with all the privi- 
leges and appurtenances thereunto belonging: To have and to 
hold the same to the party of the second part and their assigns 
forever; and the said party of the first part for themselves, 
their heirs, executors and administrators, covenant, bargain, 
and agree, to and with the said party of the second part and 
their assigns, that at the time of the sealing and delivery of 
these presents, they are well seized of the premises above con- 
veyed, as of good, sure, perfect, absolute, and indefeasible 
estate of an inheritance in the law in fee simple and that the 
said lands and premises are free from all incumbrances whatso- 
ever, and that the above bargained premises in the quiet and 
peaceable possession of the third party of the second part and 
their assigns, against all and every person or persons lawfully 
claiming, or to claim, the whole or any part thereof, the said 
party of the first part will forever warrant and defend. 

In witness whereof, the said A. B. and C. B. , his wife, party 
of the first part, have hereunto set their hands and seals, this 
day of : , A. D. 18—. 

Signed, sealed and delivered ~) A. B. [seal.] 

in presence of E. F. [- C. B. [seal.] 

G. H. 3 

Note.— Such deed should be duly acknowledged before a notary public, 
justice of the peace, or other officer authorized by law to take such ac- 
knowledgment, and recorded in the office of the register of deeds for the 
county. 



Forms. 325 



FORM OP LEASE. 



Know all men by these presents, that A. B., of the town of 
in the county of , in the state of Wisconsin, of the 



first part, for the consideration herein mentioned, does hereby 

lease unto " school-district No. — , of the town of , " county 

of , in the state aforesaid, party of the second part, and 

their assigns, the following described parcel of land: [Here in- 
sert description of land.] Together with all the privileges and 
appurtenances thereunto belonging: To have ana to hold the 

same for and during the term of years, from the day 

of , A. D. 18 — ; and the said party of the second part for 

themselves and their assigi:s, do covenant and agree to pay to 
said pai'ly of the first part, for said premises, the annual rent 

of dollars. 

In testimony whereof, the said parties have hereunto set their 

hands and seals, this day of , 18 — . 

A. B., Lessor, [seal.] 

C. D. '\ District board of school- 

E. F. V district No. , of the 

Gr. H. \ town of . 



No. 21. 



Forni of contract between district and teacher. 

It is hereby agreed between school-district No. ; of the 

town of , and L. M., a qualified teacher of the county of 

— , [or superintendent district No. , of the county of 

, as the case may be], that the said L. M. is to teach the 

common school of ?aid district for the term of [here insert the 

time,] for the sum of per month, commencing on the 

day of — , 18 — , it being understood and mutually agreed that 

days shall constitute a month; and for such services prop- 
erly rendered, the said district is to pay to the said L. M. , the 
amount that may be due according to this contract, on or be- 
fore the day of , 18 — . 

Dated this day of , 18 — . 

(Signed) 



A. 


B., 


Director. 


C. 


D., 


Treasurer. 


E. 


F., 


Clerk. 


L. 


M.. 


, Teacher. 



If the teacher holds a limited certificate, for a single town or district, the 

contract may read: "a qualified teacher of said town," or "said district." 

In case the teacher is employed in a graded school, the particular de- 

15 



226 Forms. 

partment for which he is engaged may be specified, and the contract may 
read: " ■ • — dollars per week," if hired by the week. 

By section 459, printed on page 71 of this code, it will be seen that 20 
days constitute a teacher's month, unless otherwise specified in the con- 
tract. When the teacher is hired at so much a month it is best always to 
specify in the contract how many days of teaching shall be considered a 
month. 

All legal holidays count as school days for both teacher and district, if 
they come on a day when school would otherwise be taught, but as the 
law now provides Saturdays are not to be counted. If a legal holiday oc- 
curs on Sunday, the succeeding Monday is a legal holiday. 

If the teacher is expected to build the fire, or cleanse or otherwise care 
for the schoolhouse, it should be so stated in the contract. If not spe- 
cially provided for, the district board must provide for janitor service. 

If the teacher expects the wages to be paid in monthly installments, or 
in partial payments of any kind, that should be clearly stated in the con- 
tract. 

The contract must be signed by at least two members of the board, and 
cannot lawfully be made, until a meeting of the board has been held. A 
copy of the certificate held by the teacher must be attached to the contract. 
See section 438, pages 44 and 45. 



No. 22. 

Form of bond of district treasurer to be filed with the district clerk. 

Know all men by these presents, that w^e, E. F. , treasurer of 

school-district No. — , of the town of . and L. M., his 

surety, are held and firmly bound unto said school-district in 
the sum of [here insert a sum of double the amount to come 
Into the treasurer's hands, as near as can be ascertained] to be 
paid to the said school-district, for the payment of which, well 
and truly to be made, we bind ourselves, our heirs, executors, 
and administrators, jointly and severally, firmly by these 

presents. Sealed with our hands and dated this day of 

, A. D. 18—. 

The condition of the above obligation is such that if the said 
F. F., treasurer as aforesaid, shall faithfully discharge the du- 
ties of his office as treasurer of said school-district, and shall 
well and truly pay over to the person or persons entitled 
thereto, upon the proper order therefor, all sums of money 
which shall come into his hands as treasurer of said district, 
and shall, at the expiration of his term of office, pay over to 
his successor in office all moneys remaining in his hands as 
treasurer aforesaid, and shall deliver to his successor all books 



Forms. 227 

and papers appertaining to his said office, then this obligation 
shall be void, otherwise of full force and virtue. 

Signed, sealed and -delivered in~) E. F. [seal.] 

presence of R. S. [ L. M. [seal.] 

G. EJ. 



Form of approval to be endorsed on the bond of treasurer. 

We approve of the within bond and surety. 

(Signed) G. H., Director. 

C. B., Clerk. 



No. 23. 
Form of notice to treasurer to furnish additional security. 
To A. B., treasurer of district-school No. : 



Sir. — Deeming the security upon your bond insufficient to- 
protect the district against loss, we hereby require you to fur- 
nish a new bond in the sum of $ , with sureties to be ap- 
proved by us, within ten days of the date hereof. 

Dated this day of 18 — . 

(Signed) C. D. , Director 

E. F., Clerk. 



No. 24. 
Form of order on treasurer for moneys to be disbursed by school-districts 

To A. B., treasurer of school-district No. — , in the town 

of : 

Please pay to the sum of dollars for [here 

specify the object for which the money is to be paid], out of any 
money in your hands, not appropriated, belonging to the [here 
name the fund on which the order was drawn], of said dis- 
trict. 

Dated this day of , 18 — . 

(Signed) C D., District Clerk. 

G. H., Director. 



228 



Forms. 



No. 25. 

Form of school register to be kept by the teacher of each school. 

The register furnished by the district should be one arranged 
in four parts. The first part should consist of blank pages for 
entering the daily programme of recitation and study. The fol- 
lowing is a model page of this part: 



DAILY PROGEAMME OF RECITATION AND STUDY. 



For term from to 



.189-. 
, , Teacher. 



Recitations. 


Text-Books. 


Study and Work. 


Beginning. 




a 

u 
o 








Branch. 


Book. 


Primary 
Form. 


Middle 
Form. 




Hr. 


Min. 


Upper 
Form. 















































































































































Forms. 



229 



The second part of the register should consist of blank pages 
for entering the school number, name, age, sex, daily attend- 
ance and tardiness of every pupil who attends the school, with 
a blank column at the right of the page, if desired, for a monthly 
summary, and one for " remarks. " Following is a model for 
this section. Usually there is space for four months of record 
upon two contiguous pages. 



Teachers' Daily Register for the term commencing and ending 

, 189-. 



School Months, from to 



-, Teacher. 





6 

a 


be 


Sex. 


a 
o 




a 


T3 
EH 




o 


D 


CO 

a 
•-a 


Eh 




"c3 


Monthly 
Summaries. 








g 






s 


a 

<s 

CO 
CD 

ft 
03 

Q 


en 

CO 


a 

EH 


Remarks. 











































































































































































































230 



Forms. 



The third part of the register should consist of blank pages 
for showing the classification of the school, and recording the 
progress and standing of each pupil in the several branches of 
study pursued. Following is a model page of this section 
which can be repeated for each class in the school: 



FIRST (OR SECOND, OR THIRD) CLASS IN GEOGRAPHY. 



Winter (or spring or fall) Term, beginning ending 

Class commenced Geography, and advanced to page. 





Name. 




Entered. 


Left. 


Passed 
over 


a 


Pre- 
pared to 
go on 


Remarks. 


,6 




be 






pages. 




from. 




t^ 




< 








Ul 






1. 


John Jones 


15 


Nov.l 


March 5 


19-78 


100 


Page 78. 


Studious. 


2. 


Jane Smith 


13 


Nov. 8 


March 8 


25-68 


68 


Page 68. 


Inclined to 
be frivo- 
lous. 


3. 


H. Peters 


14 


Nov. 10 


March 5 


19-66 


100 


Page 66. 


Mother sick. 
Made up all 
gone over 
to Nov 10. 
Will prob- 
ably make 
up during 
vacation to 
page 78, sd 
as to go on 
with class. 



The fourth part of the register should consist of a pupil's 
record for the school year, or ledger, which will be statistics 
posted from the daily register, and upon which the clerk may 
depend for making up his annual report for the town clerk. In 
this record a pupil's name should be entered but once in any 
one school year. In all the series of records each pupil should 
be given a school number, which he should carry through the 



Forms. 



231 



school year, whether attending school much or little, and this 
number should be assigned to no other pupil during that year. 
Following is the form of this section that may be used: 



Pupils' Record for the School Year commencing 

ending , 189 — . 



-, 189—, and 









Sex. 


1st Month. 


2nd Month. 










_jj 


_ij 




_ij 


-ij 
















c 


c 


>^ 


d 


c 


>^i 




No. 


Name. 








m 


03 


'a 


05 


03 


■73 


Remarks. 




" 








OJ 


J2 


c3 




XJ 


cS 












d 


Oh 


< 


H 


Ph 


<] 


H 


















73 






03 
















05 


IB 


03 


03 










o 




H 


>^ 


>> 


a 


>» 


f^ 


ja 








bf) 




m 


rt 


A 


.-« 


Ct 










< 


% 


fe 


Q 


Q 


H 


a 


Q 


H 





































































































































































Notes. — In filling up the daily register, the teacher will, of course, use 
her own preference in signs. The following are suggested: To indicate 
presence in the morning this mark— ^-; to indicate presence in the after- 
noon this mark— ^; so that if the pupil is present morning and after- 
noon this sign will appear against the name for that day — X- If tardy in 
the morning the number of minutes may bo placed in the upper angle, 

thus — X; if tardy in the afternoon, indicate m the same way thus — ^. 

The teacher should take the age of the child, when taking the name, and 
indicate the sex, as initial letters fail to give the necessary information. 

The teacher shoukl carefully add the columns in the daily register at 
the end of each month, which need to be transferred to the ledger, and 
enter the summary therein accurately and legibly. 

It is very desirable that each district in the state be fully and accurately 
reported. If one district in a town fails to report fully, the whole town 
suffers from this failure, in comparison with other towns that may be fully 
reported. 

That the register be neatly kept, it will be best for the teacher to use a 
small blank book, in which may be registered the absences for the day, 
and then at night the register may be properly filled and footed. 

Forms of school registers are now published, which are so arranged that 
.all the foregoing items are condensed and kept in a single book. In pro- 
curing registers school officers should consult teachers or superintendent, 
and purchase only such as are best adapted to simple yet complete records. 



232 



Forms. 



No. 26. 



Form of notice to town treasurer of apportionment of school moneys by 

the town clerk. 



Treasurer of the town of : 

You are hereby notified that I have apportioned the school 
moneys now in your hands, to the different districts of the town, 
as follows : 



To district No. 1 

do 2 

do 3 

do 4 

do 5 



To district No. 6 

do 7 

To joint dist ... 1 

do 2 

do 3 



Dated this 



(Signed) 



day of 



-, 18- 



Town Clerk. 



Note. — Immediately upon the receipt of the certificate of the town 
treasurer, of the amount in his hands (See form No. 27), the clerk shall 
proceed to apportion it among the several districts of the town from which 
reports have been received according to law, and thereupon he must notify 
the treasurer as above, that he may pay the moneys to the treasurers of 
the districts entitled to the same. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands subject to 

apportionment. 



To the town clerk of the town of : 

I hereby certify that there is now in my hands the sum of 
school moneys, subject to apportionment to the school 



districts entitled thereto. 

Dated this day of 

(Signed) 



18- 



A. B., 
Town Treasurer. 



Forms. 



23a 



No. 28. 



Form of report of town clerk to the county superintendent, of the names- 
and post office addresses of the district clerks in his town. 

To the county superintendent of schools of the county of : 

Sir: — I hereby report to you the names of the school- district- 
clerks in the town of , and their addresses, as follows: 



District. 


Name of Clerk. 


Postofflce. 


No. 1 


A. B 




No. 2 


C. D 




No. 3 


E. F 




No. 4 


G. H ' 




No. 5 


I. K 




No. 6 


L. M 




Joint No. ] 


N. O 






2 


P. R 






3 


S. T 













(Signed) 



A. W., Town Clerk. 



Note. — The town clerk must report his own name and postofflce to the 
county superintendent within ten days after the said clerk's election, or 
appointment, and the name and office of each district clerk in his town, 
within ten days after the filing of the same in his office. 



No. 29. 



Form of determination of relative proportion of taxes to be assessed upon 
the different parts of a joint district, situated in two or more towns. 



B., C. D., and E. F. 

of the towns of 



tax-payers 
. and , 



Upon the application of A. 
in joint school-district No. - , 
we have made the necessary inquiry and examination, and do 
hereby determine that for every dollar of district tax to be- 
hereafter levied upon that portion of the district, the sum of 
cents shall be assessed upon that portion of the district^ 



234 Forms. 

lying in the town of , and cents upon that part lying 

in the town of . 

Dated this day of , 18 — . 

(Signed) G. H., f Assessors 



J. K., \ of 
L. M. 



N. O., ('Assessors 
P. R., -! of 
S. T.. 



Note. — If assessors cannot agree, and the supervisors, or supervisors 
and chairman of an adjoining town are called to act, they will also sign the 
above. See section 471. 



No. 30. 



Form of statement of the amount of taxes voted to be raised in a school- 
district, to be delivered by the district clerk to the town clerk. 

To R. S., town clerk of the town of 



The amount of taxes voted to be raised in school -district No. 

, of the town of , at the last annual meeting of said 

district, held on the day of July, 18 — , is [write the 

amount in words] dollars; which amount you are requested to 
assess upon the taxable property therein. 

Dated this day of , 18 — . 

(Signed) C. D., 

Clerk of School District No. — , of the town of . 



State of Wisconsin, County of , ss. 

C. D., being duly sworn, on oath says that he is clerk of 

school -district No. — , of the town of , and the above 

statement by him made of the amount of taxes voted, to be 
raised by said school-district therein is true. 

(Signed) C. D. 

Subscribed and sworn to before me this day of , 

18— 

(Signed) J. P., 

Justice of the Peace. 

Note. — If a district has been lately organized and a tax was voted at 
the first meeting, as well as at the annual meeting, that should be stated; 
also any tax voted at a special meeting, held between the time of the an- 
nual meeting and the third Monday of November following. 



Forms. 235 



No. 31. 



Form of statement of the amount of taxes voted to be raised in a joint dis- 
trict, to be delivered to the clerk of each town in which any part of 
the district is situated. 

To R. S., town clerk of the town of : 



The amount of taxes voted to be raised in joint school-district 
No. — , of the towns of and , at the last annual meet- 
ing of said' district, held on the day of July, 18 — , is 

[write the amount in words] dollars; and the proportion of that 
amount to be raised in that part of said district which lies in 

the town of , is [write the amount in words] dollars, which 

you are requested to assess upon the taxable property therein. 
(Signed) C'. D., 

Clerk of Joint School-district No. — 

Of the towns of and . 

Note. — Attach affidavit of the district clerk similar to the one given in 
form No. 30. 



No. 32. 

Porm of application to board of supervisors to establish a schoolhouse site. 

To the board of supervisors of the town of : 

At a regular meeting of school-district No. — , it was decided 
by a vote of a majority of the electors present, to apply to your 
honorable board to establish a schoolhouse site for said district. 
The district has selected [here describe the location of the site 
selected], but is unable to obtain the same, for the reason 
that th:- owner of the land selected will neither lease nor sell 
the same to the said district [or that the owner is a non-resi- 
dent]. 

(signed) A. B., 

District Clerk. 



23('. ' Forms. 



No. 33. 



Form of certificate of district clerk that the notice for the meeting of the 
supervisors to establish a schoolhouse site has been given. 

To the board of supervisors of the town of : 

I hereby certify that on the day of , I served the 

foilov?ing notice upon the OM^ner and occupant of the land therein 
described: [Here insert the notice in form 34.] 

Dated this day of — , 18 — . 

(Signed) A. B., 

District Clerk. 

Note.— In case there is no account of the land selected for a site, and 
the owner is unknown or resides out of the state, the notice must be pub- 
lished in the nearest newspaper, for six weeks previous to the meeting of 
the board of supervisors, and the above certificate must state the facts of 
such publication, instead of personal service. 



No. 34. 

Form of notice for meeting of supervisors to decide upon an application to 
locate and establish a schoolhouse site. 

The undersigned will be present at , on the dayS 

of , at ^o'clock in the noon, to decide upon the 

application of school-district No. — , for the location and estab- 
lishment of a school -house site for said district upon [here de- 
scribe the lands upon which it is proposed to establish a site.] 

Given under our hands, this day of , 18 — . 

A. B., "^ Supervisors 
C. D., ;.of the town 
E. F. 3 of . 

Note. — In case the application is made by a joint district, the supervis- 
ors of all the towns in which any part of the district is situated must sign 
the above notice and be present at the meeting to establish the site. 



No. 35. 



Form of certificate of action of town board of supervisors in locating and 
establishing schoolhouse site. 

We hereby certify that on the day of , A. D. 18 — , 

we located and established a schoolhouse site for school-district 



Forms. 237 

No. — , comprising the following described territory [here de- 
scribe the lands taken for a site according to the survey of the 
same], and award the sum of dollars in full as compensa- 
tion to the owner [if there are two or more owners of the lands 
taken, specify the amount awarded to each], of the lands thus 
taken for said schoolhouse site. 

Dated this day of , 18 — . 

(Signed) A. B., ") Supervisors 

C D., (-of the town 
E. F., 3 of . 

Note. — The certificate of the action of town boards of supervisors in 
locating and establishing an addition to a schoolhouse site will be the same 
as above, except that in the second line, after the word "established," the 
word "a " will be omitted, and the words " an addition to the " will be in- 
serted; and the last two lines will be made to read " taken for said addi- 
tion to said schoolhouse site." 

di;^ Duplicates of the above certificates must be made out, and one of 
them must be delivered to the owner or occupant of the land taken, and 
the other to the district clerk of the district, who must have the same re- 
corded in the office of the register of deeds of the county in which the site 
is situated. 



No. 36. 



Form of certificate of the sheriff of a vacancy in the office of county super- 
intendent of schools. 

To , State Superintendent: 

Sir: — I hereby certify that a vacancy in the office of county 

superintendent of schools for county, Wisconsin, occurred 

on the day of , 18 — , by [here state the cause of the 

vacancy, wheth er by death, resignation, removal from the 
couiity, or the removal from office of the incumbent]. 

Given under my hand and seal of office, this day of , 

18—. 

(Signed) A. B., 

Sheriff of County, Wisconsin. 



No. 37. 



Form of a certificate of a county clerk, of the division of a county into two 
superintendent districts, and of a consequent vacancy in the office of 
county superintendent of schools. 

To , State Superintendent: 

Sir: — I hereby certify that on the day of ,1 8 — , 

the board of supervisors of the county of , divided said 



:2Ss Forms. 

county into two supeinnteudent districts; that they have de- 
termined that the present county superintendent shall have 
jurisdiction of district No. — , and that district No. — , there- 
fore remains vacant. 

Given under my hand and seal of office, this day of ,, 

18—. 

(Signed) A. B., 

County Clerk of County, Wisconsin. 



No. 38. 

Form of statement of number of children of school age in a county, madet 
by county superintendent for county treasurer, and county clerk. 

To A. B., treasurer [or, clerk] of the county of : 

Sir: — The following is the number of children over the ag& 
of four and under the age of twenty years, in those districts of 
the several towns in this county [or superintendent district as 
the case may be] which have maintained school for six or more 
months the past school year, as returned to me by the town 
clerks : 



Town. 


Number of Children. 


Town. 


Number of Children. 


A 




D 




B 




E 




C 




F 













Dated this fifteenth day of August, 18 — . 

(Signed) G. H., 

County Superintendent of Schools for County. 

Note, — The above statement must be filed with the county treasurer 
and county clerk on or before the fifteenth day of August in each year. 



No. 39. 



Form of notices to teacher and district clerk of the intention of the county- 
superintendent to annul said teacher's certificate. 

To A. B. , teacher in school-district Nq. — , tovpn of -: 

Sir: — You are hereby notified that it is my intention to 



Forms. 2%9^ 

annul the certificate of qualification now held by you as a 
teacher. 

(Signed) B. B., 

County Superintendent of Schools for County. 

To E. F., clerk of school-district No. — , of the town of : 



Sir: — You are hereby notified that it is my intention to> 
annul the certificate of qualification held by , now em- 
ployed in teaching in your district. 

Dated this day of , 18 — . 

(Signed) B. B., 
County Superintendent of Schools for County. 

Note. — The above notices must be served upon the teacher and district, 
clerk at least ten days before the certificate is annulled. 



No. 40. 
Fcim of aKnuInifnt of teacher's certificate and notice to town clerk. 

To A. B. : 

Sir: — The certificate of qualification held by you as a com- 
mon school-teacher in the county [or superintendent district or 

town J of , issued on or about the day of , 18 — , 

is hereby annulled. 

Dated this day of , 18 — . 

(Signed) C. D., 
County Superintendent of Schools for County. 

Note. — The above annulment will not take effect until the following- 
notice has been filed with the town clerk of the town in which the teacher 
whose certificate is annulled is engaged in teaching. 

To the town clerk of the town of ■ : 

Sir: — You are hereby notified that on the day of 



A. D. 18 — , I annulled the certificate of qualification held by 
A. B., a teacher of your town, for the reason that in my opin- 
ion, the said A. B. does not possess the requisite qualifications 
as a teaclier in respect to [moral character, learning or ability 
to teach, as the case may be]. 

Dated this day of , 18 — . 

(Signed) C. D., 

County Superintendent of Schools for the County 
of . 



APPLICATION FOR DICTIONARIES. 



No. 41. 

Form of application for first supply of a school-district. 

State of Wisconsin, County of , ss: 

, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has never been 

supplied with Webster's International Dictionary, by the state, 

as provided by law. , 

District Clerk. 

Post office . 

Subscribed and sworn to before me "] 
this day of , 18 — . ! 



Send by express to , care of . 

Note. — The dictionary formerly known as " Webster's Unabridged Dic- 
tionary" is now known as "Webster's International Dictionary." No 
district heretofore supplied with a dictionary under the former title will 
be entitled to a dictionary for re supply /ree of charge under the present 
title. See section 509. 



No. 42. 

Form of application for supply of additional departments. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the fol- 
lowing department — in district No. — , in the of , in 

the county of , ha — never been furnished with Webster's 

International Dictionary by the state, as provided for by law; 

department — unsupplied, ; department — heretofore 

supplied, . 



Subscribed and sworn to before me, "^ 
this day of , 18 — . I 



District Clerk. 
Post office - 



Send by express to , care of 



Forms. 241 



No. 43. 



Form of application for supply of additional departments in cities. 

State op Wisconsin, , County, ss. 

, being duly sworn, deposes and says that the pub- 
lic schools in the city of — ■ — , county of , embrace 



distinct departments, in as many different rooms (not including 
recitation roomsj, under different teachers, and that the follow- 
ing departments in said schools have never been supplied with 
Webster's International Dictionary, as provided by law: 



Departments unsupplied. 


Departments heretofore supplied. 























City Superintendent. 
Subscribed and sworn to before me"^ 
this day of , 18 — . 



- J 



Send by express to , care of 



No. 44. 

Form of application for dictionaries by the secretary of a town board. 

State op Wisconsin, County of , ss. 

, being duly sworn, deposes and says that the fol- 
lowing subdistrict — , in the town of , county of ha — 

never been supplied with Webster's International Dictionary, as 

provided by law. subdistricts unsupplied, ; subdistricts 

heretofore supplied . 



Secretary of Town Board of Directors, 

Post-office, 

Subscribed and sworn to before^ 
me this day of ,18 — . [ 

• J 

Send by express to care of 

16 



242 Forms. 



No. 45. 

Form of applicatiou for re-supply, when dictionary previously furnished 

is lost. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has lost by , 

the copy of Webster's International Dictionary heretofore fur- 
nished to said district by the state. , 

District Clerk. 

Post office, . 

Subscribed and sworn to before me, this day of ,. 

18—. 



Send by express to , care of . 

Note. — The price of the dictionary must accompany the application. 



No. 46. 



Form of application for re-supply, when dictionary previously furnished is 

worn out. 

State op Wisconsin, County, ss. 

, being duly sworn, deposes and says that the- 

dictionary heretofore furnished to district No. — , in town of 
, county of , is so worn. out as to be unfit for use. 



District Clerk. 
Subscribed and sworn to before me, this day of 

18—. 



Send by express to , care of . 

^^ The last two forms above can be altered to meet circumstances, in- 
case the application for a re-supply is for a graded school in a city or vil- 
lage. 

'^° Dictionaries are not furnished free for a re-supply, but at the cost to 
the state, viz.: Plain edition, $7; indexed, $7.50. The money, or a money 
order, or a draft must in all cases accompany the application. It is bet- 
ter to send a money order or draft, as the state is not responsible if the 
money is lost. 

i^" Applications for dictionaries must be made by the district clerk, the 
secretary of the town board, or the superintendent of the schools in a city 
or incorporated village, and the post office of the applicant should be 
given as well as the nearest express station. Dictionaries cannot be sent 
by mail. 



FREE HIGH SCHOOLS. 



No. 48. 
Form of resolution proposing establishment of a high school. 

In order that the question of establishing and maintaining a 
high school in the town of may be submitted to the elect- 
ors thereof for determination, the following resolution is hereby- 
proposed for adoption : 

Resolved, by the town board of the town of , That a high 

school be established and maintained in said town. The town 
clerk is directed to give notice that said resolution will be sub- 
mitted to a vote at the annual town meeting (or, general elec- 
tion) to be held in said town on the day of , 18 — , (or, 

at a special meeting or election to be held on the day of 

, 18 — , which the town clerk is hereby required to call upon 

due notice). 

Dated this day of , 18 — -. 

(Signatures of Board.) 



Form of notice that foregoing resolution will be submitted to vote. 
Notice is hereby given to the electors of the town of 



in the county of , that at a special election which is hereby 

called (or at the annual toMm meeting or general election) to be 

held in said town on the day of , 18 — , the following 

resolution will be submitted to the vote of said electors: 

Resolved, etc. [as in the foregoing] ; and that at said election 
members of the high school board will be chosen, to take their 
offices if said resolution be adoptpd, the clerk for one year, the 
treasurer for two years, and the director for three years; their 



244 Forms. 

respective terms of office beginning with the annual town meet- 
ing. 

Dated this day of , 18 — . 

(Signed) , Town Clerk. 

Note. — The above forms may be used with the proper changes, in the 
case of incorporated villages, or graded school-districts, the call and notice 
to be signed by the village or district clerk. 

In case the call is for special school-district meeting, it must be signed 
by at least five legal voters of the district, and the notice given at least six 
days before the time appointed 



No. 50. 



Form of certificate to be forwarded to the state superintendent to secure 
participation in apportionment to free high schools. 

This may certify that on the day of , 18 — , the legal 

voters of the town of [or towns of , where two or more 

towns unite, or of school-district No. — , town of , where 

vote is by a school- district, or city, or village] adopted a reso- 
lution to establish and maintain a free high school in said town 
(or towns, or school -district), and the persons whose names are 
hereunto appended have been duly elected to the office appended 
to their names, respectively. We further certify that no (or 

one or more) graded school exists in said of . The 

course of study adopted by said high school board for said high 
school is herewith submitted for the approval of the state super- 
intendent, and the names and examination papers of , pu- 
pils prepared to enter said high school, who are residents of 

said town (or towns, or school-district) of , are herewith 

forwarded for inspection. The examination of these pupils was 

held on the day of , 18 — , and was conducted by . 

Dated at , this day of , 18 — . 

) Director. 

\- Clerk. 

\ Treasurer. 



Note. — With this certificate the examination papers of at least twenty- 
five pupils, residents of the high school-district, should be forwarded. The 
character and scope of these examinations are commented upon in the high 
school pamphlet. 



TOWNSHIP SYSTEM OP SCHOOLS. 



No. 51. 
Form of petition. 



To M. S., Town Clerk: 

The undersigned electors of the town of , hereby petition 

that the question of township school government in said town 
may be submitted to the electors thereof, at the ensuing annual 
town meeting (or, general election). 

Dated this day of , 18 — . 

(Signed) , 



Note. — ^The petition is^to be signed by at least ten electors of the town. 



No. 52. 

Form of notice to be given by town clerk. 

Notice is hereby given that at the annual town meeting (or, 

general election), to be held in said town of , on the 

day of , 18 — , the question of township school government 

in said town will be submitted to the electors thereof, a peti- 
tion therefor having been presented to me signed by ten electors 
of said town. 

' Dated this day of , 18 — . 

(Signed) , Town Clerk. 



INDEX. 



A. 

Page. 
ACADEMIES— 

incorporated, to report to state superintendent 206, 207 

ACCEPTANCE— 

of district office by two officers necessary to organization 

of district 4 

must be in writing, and filed with, the distric clerk 4 

ACCOUNT— 

of district board for expenses to be presented to district 

meeting for allowance 42 

to be kept by the district treasurer 53 

ACTIONS— 

to be brought under the compulsory law 57 

director to appear in, for district 51 

director to commence, on treasurer's bond 51 

against town treasurer by district treasurer 55 

against county treasurer by town treasurer 94 

against district treasurer by district 51 

may be brought by any elector in certain cases 144 

against district clerk for neglect to make report 143 

against town clerk for neglect to make report 143 

against county superintendent for neglect to make report.. 143 

ADJOURNMENT— 

of school district meeting 20, 24 

notice for, when for a longer time than one month. 13 

ADMISSION— 

of pupils from other districts 21 , 29 

of persons over twenty into the public schools 21, 29, 46 



248 Index. 

Page. 
AFFIDAVIT— 

of district clerk to be attached to his annual report 86 

to statement of taxes voted 96 

must accompany appeals 137 

must be made to application for dictionaries 145, 146 

AGE OF CHILDREN— 

entitled to attend school free 214 

■ must be taken and included in the census 86 

ALTERATION— 

of proceedings of district meetings 22, 32 

ALTERATION OF SCHOOL-DISTRICTS— 

to be made by town board of supervisors 1, 7 

notice of meeting of supervisors to consider 7 

notice of, to be filed with town clerk and district clerk.... 8 
not to take effect within three months without consent of 

district board 8 

not to take effect between the first day of December and the 

first day of April following 8 

of joint districts, how made 4 , 8 

of joint districts, embracing villages or cities 11 

of sub-districts, how made. ., 167 

ANNUAL DISTRICT MEETING— 

when to be held 13 

not to be deemed illegal for want of notice 13 

notice for, how given 13 

powers of 20-33 

must vote on free text-books 23 

ANNUAL REPORT— 

of district clerk 86-90 

of town clerk 90 

of county superintendent 91 

of city superintendent or clerk 91 

of state superintendent 211 

ANNULMENT— 

of teacher's certificate by county superintendent 65, 74 

notice thereof to be filed with town and district clerk 65 

of teacher's state certificate, by state superintendent 67 



Index. 249 

Page. 
APPARATUS— 

money to purchase, may be raised by tax 21, 28 

may be purchased by district board 42 

to be approved by state or county superintendent 42 

APPEALS— 

from refusal of county superintendent to grant a certificate 

may be taken by applicant 64, 141 

may be talien by other persons in certain cases 136-142 

decisions of state superintendent final 211 

decisions to be made within thirty days after the hearing 

thereof is closed 136 

regulations concerning 137-142 

APPENDAGES— 

board to provide for the schoolhouse 41 

APPOINTMENT— 

to fill vacancy in district board 36 

APPORTIONMENT OP SCHOOL MONEYS— 

by town clerk 93, 94, 184 

by state superintendent 181 

not to be made to districts failing to comply with the law. . 181 

how afEected by alteration of districts 184 

to high school-districts 122, 127-129 

ARBOR AND BIRD DAY 161 



B. 

BLACKBOARDS— 

money may be voted for 21 , 28 

BOARD— 

(See county board of supervisors.) 
((See town board of directors.) 
(See town board of supervisors.) 
(See district board.) 

BOARD OF EXAMINERS 66, 67, 69, 82 



250 



Index. 



Page. 
BOOKS— 

for records and other purposes, to be purchased by district 

board : 42 

for register, to be furnished by district clerk 56 

to be furnished to indigent pupils 42 

text books to be determined by district board 48 

text-books adopted by city and village boards of education 49 

text-books may be purchased by district 21, 23, 30 

text-books purchased by city and village boards of education 49 

BORROWING MONEY— 

by school districts 99-104 

by board of school directors 101 

interest on loans 162 

BRANCHES— 

to be taught in school 59-60 

additional ones may be taught 59 

BUILDING COMMITTEE— 

relating to 40 



CERTIFICATE— 

of value of schoolhouses, etc 10 

of town treasurer of moneys to be apportioned 94 

of town treasurer to district clerks of amounts paid to dis- 
trict treasurers 94 

of qualification granted to teachers 61-71 

three grades established 61-64 

third grade, what studies applicants for, must be ex- 
amined in 61 

second grade, what studies applicants for, must be ex- 
examined in 61 

first grade, what studies applicants for, must be ex- 
amined in 62 

may be granted on transferred papers 62 

of graduates of free high schools may be countersigned, and 

have force of first grade certificates for four years 65 

may be annulled 65, 66, 67 



Index. 251 

Page. 
CERTIFICATE— continued. 

teacher's state, provided for 66-71 

teacher's state, conditions of 66-71 

diplomas of graduates of state normal schools, Milwaukee 
high school, state university, and other colleges, con- 
verted into teacher's state 68-70 

of judgment against school-district 120 



'CHALLENGE— 

of voters 18 



CHILDREN— 

of town or county poor, how educated 147 

CITIES— 

districts lying in, how altered 11 

no part of, to be embodied in new joint districts 11 

to make report to county superintendent in certain cases . . 82 

to be governed by the common school code in certain cases 158 

CLERK— 

(.See district clerk, town clerk.) 

COLLEGES— 

incorporated to report to state superintendent 206 

COMMON SCHOOLS— 

to be free to children of certain ages 214 

no sectarian instruction to be allowed therein 214 

fund for support of 182-186 

to be maintained six months in each year, or not share in 

the fund 181 

fund, how distributed 181-184 

what shall be taught in 59-60 

government of 46 

exercise in, must be conducted in the English language 59 

COMPULSORY EDUCATION— 

law relating to 57-59 



25'i Index. 

Page. 
CONSTITUTIONAL PROVISIONS— 

in regard to state superintendent 213 

in regard to school fund 213-214 

in regard to common schools 214 

CONSTITUTIONS— 

to be taught in common schools 59 

CONTRACT— 

with teacher to be made by district board 44 

certificate to be attached thereto 44 

to be filed in clerk's office 44 

COUNTY BOARD OF SUPERVISORS— 

to levy school tax upon the towns 182 

COUNTY SUPERINTENDENT— 

qualification of 83 

name of candidate not to be placed on ballot unless cer- 
tificate of qualification shall have been filed with county 

clerk 84 

to give bonds 82 

to examine and license teachers 74 

to visit schools 76 

to direct district board to repair schoolhouse 76 

to declare schoolhouse unfit for use 77 

to annul teacher's certificate 74 

to report to county board and state superintendent annually 77, 91 
to transmit to state superintendent the names and post- 
offices of town clerks 77 

to hold teacher's institutes 77 , 80 

to divide his county into inspection districts 78 

to notify district clerks of time and place of meeting for 

examination of teachei'S 78 

to hold two meetings for examination of teachers in each 

inspection district annually 78 

may give applicant private examination 78 

to give county treasurer and county clerk statement of num- 
ber of children in his county over 4 and under 20 years 

of age 91 

to give notice of intention to annul certificate 63 

to file notice of annulment with town and district clerk 66 



Index. ;;^53 

Page. 

COUNTY SUPERINTENDENT— continued. 

to give person appealing from his refusal to grant a cer- 
tificate, his reasons for such refusal 65 

not to act as agent for author, publisher or book-seller 144 

not to engage in teaching or other occupation 79 

to attend annually one convention of county superintendents 79 

may accept transferred papers 62 

to furnish information of blind or deaf persons 82 



COUNTY TREASURER— 

to apply to state treasurer for school money apportioned by 

state superintendent ^34 

to give notice to town and city treasurers 184 

how to dispose of moneys uncalled for 184 

day school for the deaf 163 



D. 

DEBTS— 

of school-district, tax may be voted for 21, 28 

of extinguished district, how paid 12 

DECISION— 

of district meeting, town supervisors, etc., may be appealed 

from 136 

of state superintendent to be final 211 



DEED— 

district board may execute 40 

DICTIONARY— 

Webster's, to be furnished to school-districts I45 

DIPLOMAS— 

relating to 88-71 



254 Index, 

Page, 
DIRECTOR— 

when to be elected 20 , 24: 

term of office 34 

to call special district meetings in certain cases 14 

to countersign orders on treasurer 51 

to prosecute district treasurer 51. 

to demand additional security of treasurer 52- 



DISTRIBUTION— 

of income of school fund 18L 



DISTRICT— 

(See school-districts.) 



DISTRICT BOARD— 

who shall constitute it 34 

legal meeting of 35 

to fill any vacancy in their own number 36 

to purchase or lease site for schoolhouse 40 

to build schoolhouse 40 

to construct schoolhouse with doors swinging outward 163 

to sell schoolhouse or site 40 

to have the care of schoolhouse, etc 41 

to provide appendages for schoolhouse 41 

to keep schoolhouse in repair 41 

to purchase apparatus, record books, blanks, etc 42 

to purchase an United States flag for each school room . . 43 

to present account of expenses incurred to district meeting 42^ 
may purchase school books for children whose parents are 

unable to furnish them 42- 

may execute note for insurance premium 50 

to levy school tax in certain cases 43 

to hire teachers 44-45- 

may make rules for the government of the district school.. 46 

may suspend or expel pupils 46 

have power to adopt text-books 48 

to visit and supervise schools 50 

to give notice to delinquents, under compulsory law 57 

to authorize prosecutions under compulsory law 57 

to designate officers to arrest truant children 58- 



Index. 255 

Page. 
DISTRICT CLJ^RK— 

to include ' ^neys due new district in statement of tax made 

to town clerk 10 

to give notice of district meeting 13 

to call special meetings 14 

to demand additional security of treasurer 52 

to report name and postoffice of district officers to town 

clerk 56 

to keep a record of proceedings of district meetings and of 

district board 56 

to draw orders on district treasurer 56 

to furnish register for use of teacher 56 

to make report to town clerk 86 

to include the name and age of each person of school age 

residing in the district in annual report 86 

to certify district taxes to town clerk 96 

to subscribe for Journal of Education 145 

DISTRICT LIBRARY— 

(See Public School Libraries.) 

tax may be voted for 21-28 

of adjoining districts may be united 108 

to be in charge of librarian 108 

regulations concerning 109-112. 

DISTRICT MEETING — 

first one, how notified 2: 

annual, when held 13 

annual, notice for, how given IS 

special, how called 14 

to be called by town supervisors in certain cases 3. 

DISTRICT PROPERTY— 

may be sold 21, 28, 40 

board to have care of 41 

how divided on division of district 9 ' 

DISTRICT TAXES— 

assessment and collection 96-97 

limit of, for all purposes 22 

limit of, for building, hiring or purchasing school-house. .20, 25, 26 

limit of, for teachers' wages 20 , 27 



256 Index. 

Page. 

DISTRICT TREASURER— 

when selected 20, 24, 25, 34 

term of office 34 , 52 

to call special district meetings in certain cases 14 

to execute and file bond 52 

to give additional security when demanded by director and 

clerk 52 

to receive and pay out moneys 53 

to keep a book and make a report 53 

to hand over to successor, moneys, papers, etc 53 

to prosecute town treasurer 55 

DIVISION— 

of school-districts 7, 8 , 11 

of property 9 

of joint libraries 108 

DUTIES— 

of town clerk and treasurer 93 



E. 

EDUCATION— 

compulsory 57-59 

constiutional provisions in relation thereto 213-214 

of children maintained at public charge 147 



ELECTION— 

of school officers 20, 24, 33 

of state superintendent 208 

ELECTORS OF A SCHOOL DISTRICT— 

to assemble at first district meeting 2 

their powers at first or annual meeting 20, 32 

EMBEZZLEMENT— 

what constitutes ^ 55 

punishment for 55 



Index. ^6'7 

Page. 
EQUALIZATION OF TAXES— 

by town board of assessors 96 

ESTABLISHMENT— 

of schoolhouse sites 105-107 

of free high schools 121-135 

EXAMINATION OF TEACHERS— 

in what branches to be instituted 61 

fee to be collected 80 

meetings for, how notified, and when held 78 

private, granted in certain cases 78 

for teachers' state certificates C6-67 

as principals of free high schools 12fi 

for county, superintendents' certificates S3 

EXPENDITURES— 

of district board, how allowed 42 

EXPULSION— 

of scholars from school 46 



F. 

FEE— 

for tuition , of non-resident pupils 21 , 29 

may be remitted to residents over twenty 46 

FINES, FORFEITURES, Etc.— 

for refusal to notify first meeting in new district 143 

for refusal to act as chairman of district meeting 143 

for refusal of district officer to serve 144 

for neglect of duty by district officer 144 

for neglect of officer to deliver records, papers, etc., to his 

successor 144 , 160 

imposed on district clerk for neglecting to make report 143 

for neglect of town clerk to make report to county super- 
intendent 143 

17 



258 Index. 

Page. 
FINES, FORFEITURES, ETC.— continued. 

' for refusal of town' supervisors lo carry into effect any de- 
cision of state superintendent 144 

for neglect of county superintendent to make annual report 143 

for neglect of teacher to keep register V2 

for drawing order for any purpose not authorized by law.. 144 

for countersigning such order 144 

any elector authorized to prosecute for, in certain cases.... 144 

for school officers and teachers acting as book agents 144 

for school officers ordering change in text-books within 

three years of adoption 49 



FORMATION— 

of school-districts 4 

of joint districts 4 

of free high school-districts 121 -125 

of township districts 167 

FORMS— '" '" 

to be furnished officer 92 

of affidavits in appeal cases 137-139 

of notice of appeal by teacher 141-142 

- of order organizing new district 215 

of order organizing joint district ., 217 

of notice for first meeting by town supervisors 215 

of notice for first meeting to be left at residence of voter.. 216 

of return of notice for first meeting 216 

of notice by supervisors for meeting when there is no of- 
ficer to call one 217 

of acceptance of district office 218 

of notice of meeting to alter district boundaries 218 

of order altering district boundaries 218 

of consent to order of alteration 219 

of awarding property to new district 219 

of notice for annual meeting 220 

of notice for adjourned district meeting 220 

of request for special district meeting 220 

of notice of special district meeting 221 

of notice to officers of election — 222 

of refusal to accept district office 222 

of refusal to accept office on appointment 223 

of appointment to vacancy in district board. 223 



j Index. 26<d 

-''"'. L Page. 
FORMS— continued. > ^ 

of deed of schoolhouse site 224 

of lease of schoolhouse site _. 225 

of contract between district and teacher 225 

of bond of district treasurer 226 

of call on treasurer for additional security 227 

of order on treasurer 227 

of nchool register to be kept by teacher 228-231 

of notice of apportionment by town clerk 232 

of certificate of town treasurer to town clerk 232 

of report of names and postofhce addresses of district clerks 233 

of statement by district clerk of tax voted 235 

cf statement by district clerks of tax voted by joint district 235 
of determination of relative proportion of taxes in joint dis- 

of application for establishment of schoolhouse site 235 

of application for establishment of school-house site 235 

of certificate that notice of m^eeting to establish site has 

been given 236 

of notice for meeting of supervisors to locate schoolhouse 

site ■ 236 

of certificate of establishment of schoolhouse site 236 

of certificate of vacancy in county superintendent's office.. 237 

of notice of division of county, and consequent vacancy.. 237 

of statement of number of school children in the county.. 238 

of notice of intention to annul teacher's certificate 238 

of annulment of teacher's certificate and notice to town 

clerk 239 

of application for dictionary 240-242 

of resolution proposing establishment of high school 243 

of notice that the foregoing resolution will be submitted to 

vote ' ..;..... 243 

of certificate to state superintendent of establishment of free 

high schools 244 

of petition for submitting question of town system of 

schools 245 

of notice that the foregoing question will be submitted 245 



FREE HIGH SCHOOLS— 

how established and supported 121-128 

free to all resident pupils , 126 

examination for admission to 121 

principals of, qualifications, when to be examined 126 



2C0 Index. 

Page. 
FREE HIGH SCHOOLS— continued. 

state aid to 122 , 127 

manual training in 131 



G. 

GENERAL CHARTER LAW 163 



CiOVERNMENT OF SCHOOLS— 

rules and regulations for, to be made by district board 46 

township system of, provided for leT-loO 



H. 

HOLIDAYS— 

what days are legal 89 

counted in teacher's time 89 



I. 

INCOME OF SCHOOL FUND— 

to what shall be applied 213 

how to be distributed 181-185 

when to be apportioned 181 

to be applied by districts to payment oL teachers' wages 184 

county treasurer to apply for 184 

inspector of high schools 130 , 209 

INSTITUTES— 

teachers', to be held by each county superintendent 77-81 

board may allow teachers to attend 71 



INSTITUTE FUND— 

county ,,.,,,,,,,,.,.,,..,,.,.., 81 



Index. 261 



J. 

Page. 
JOINT DISTRICT— ' 

how formed, or altered 1, 14 

JOURNAL OP EDUCATION— ' 

school officers may subscribe for 145 

JUDGMENTS— 

against school-districts, how collected 119-120 

no execution to issue on 119 



K. 



KINDERGARTEN— 

in primary grades 59 



LEASE— 

district board may lease house or site 40 

LIABILITIES— 

tax may be voted to discharge 21, 28 

LIBRARIAN— 

of di£.trict library, who may be 108, 110 

of joint libraries, how appointed 108 

his duties 110, 112 

LIBRARY— ' 
(See Public Cchool Library.) 

of district, amount of tax for 21 , 28 

title to vested in district 108 

of tv/o or more adjoining districts may be united 108 

regulations concerning 109 



'M^ Indeed, 

Page. 
LIMIT— 

to school-district taxes 20, 21, 22, 28 

LOAN— 

district may make on unusual exigency 99 

disrict may make, to build school-house 99-100 

from trust funds, how made 101-104 



M. 

MANUAL TRAINING 131 

MAP— 

town clerk to make and keep in his office 93 

to accompany appeals 137 

railroad map of Wisconsin for school-district 147 

money to purchase, may be raised 21 , LS 

MILITARY TRAINING - 147 

MISCELLANEOUS LAWS— 

sundry 143-166 

MONEYS— 

not to be apportioned to counties failing to raise amount 

required by law 181 

due new district, how raised 10 

to be paid to individuals in certain cases 10 

of extinguished districts, how disposed of 10 

of extinguished districts, how disposed of VA 

may be voted by school districts 20 ,21, 22, 23, 27, 28 

collected of defaulting treasurer, how applied 51 

not to be apportioned to districts which have not main- 
tained school six months 182 , 184 

not called for in one year to be reapportioned 184 

collected from town clerk and county superintendent, how 

apportioned 143 

collected on forfeitures, how applied 144 



Index. 263 

Page. 
MONTH— 

number of days in 185 

teachers 71 



N. 

NOTICE— 

of apportionment to be given to county clerk and county 

trer.surer by state superintendent 183 

for first meeting of scliool-district 2 

in case of neglect of inhabitants to assemble 3 

for meeting of supervisors to alter school-district 7 

of alteration of school-district 7 

of alteration of joint school-district 4, 11 

of annual district meeting 13 

for special district meeting 14 

for meeting of supervisors to establish school-house site.. TJ5 

for teachers' examination 78 

NORMAL SCHOOLS— 

laws respecting 197-206 

appropriation for 203 



O. 

OATH— 

administered to challenged voter ' 18 

OFFICERS— 

of school districts 34 

women eligible to be. . .■ , 147. 162 

of free high school-districts 124 

must be elected by ballot 20 

ORDERS— 

director to countersign 51 

treasurer to pay money on 53 

clerk to draw 56 



264 Index. 

Page. 
ORGANIZATION— 

of a school-district 4 

of free high schools 121-125 



P. 

PARENTS, GUARDIANS, Etc.— 

required to send children to school 57 



PENALTIES— 

(See "Fines and Forfeitures.") 



POWERS— 

corporate, of a district 5 

of a district meeting 20-33 

of a special meeting 14-15 

of a school board 40-50 



PROPERTY— 

of a district to be in care of board 41 

division of, when new district is formed 9-10 

personal, taxable for school purposes 96 



PROSECUTION— 

of actions against school officers .5, 55, 94 



PUBLIC SCHOOL LIBRARIES— 

money shall be withheld from school fund income in each 

town to purchase 112 

books to be purchased annually by town clerk 112 

books to be distributed among school-districts 112 

farm institute bulletins 113 

regulations concerning 115-118 

PUPILS— 

may be suspended or expelled 46 



Index, 265 

Q. 

Page. 
QUALIFICATIONS— 

of voters 15-17 

of teachers, how determined 61-71 



REAL ESTATE— 

district may hold 5 

taxes on, how assessed and collected 96-97 

valuation of, how equalized in joint aistricts 96 

RECORDS— 

of school district, to be kept by clerk 56-57 

of formation of boundaries may be renewed when lost or 

destroyed 6 

REGISTER— 

to be furnished teacher by district clerk 56 

what to contain, etc 72, 228-231 

neglect to keep, forfeit wages 72 

REGULATIONS AND RULES— 

district board to make 46 

prescribed by state superintendent for libraries 115-118 

relating to appeals 136-142 



REMOVAL— 

of district officer by county judge 145 

of county superintendent by circuit judge 160 



REPAIRS OF SCHOOLHOUSES— 

tax to be voted for 20, 27 

district board to attend to 41 

county superintendent to direct v 76 



266 Index. 

Page. 
REPORTS— 

of district treasurer 53 

of district clerk. 86-90 

of clerk of joint district 87 

of town clerk 93 

of secretary of town board of directors 171 

of county superintendent 91 

of city superintendent or clerk 91 

of state superintendent '.. 211 

RESIDENCE— 

of voter, how determined 16 , 19 

of . children ........: , 88 



RULES— 

may be made by district board 46 

respecting appeals 137-142 



SALARY— 

of district clerk provided for 22 , 32 



SCHOLARS— 

age of, to attend school free 214 

may be admitted from other districts 21, 29 

may be suspended or expelled 46 

residence of 29, 30, 88 



SCHOOL BOARD— 

organization of in cities of first class 149-157 



SCHOOL BOOKS— 

district board shall determine what shall be used 48 

state superintendent to recommend 210 

district board may purchase for indigent pupils 42 

districts may authorize board to purchase 28, 30 



Index. ^6t 

Page. 
SCHOOL BOOKS— continued. 

city and village boards of education may adopt 158 

these boards may purchase 158 

annual meeting must vote on free text-books 23 



SCHOOL CENSUS— 

relating to 86, 87, 91 



SCHOOL DISTRICTS— 

how formed 1-5 

to consist of contiguous territory , 1 

not to be altered so as to leave indebtedness exceeding five 

per centum valuation 1 

size of 1 

two or more existing districts may be united to form a 

single district 2 

notice for first meeting of 2 

organization, how restored 2 

when to be considered organized 4 

officers of, to file written acceptance of office 4 

corporate powers of 5 

to be bodies corporate 5 

contracts with 5 

qualification of voters in 15-20 

alteration of "^^12 

alteration of, not to take effect for three months, in cer- 
tain cases 8 

not to be changed between 1st day of December and 1st day 

of April following 8 

joint, how formed 4 

officers of 34, 40 

powers of 20-33 

extinguishment of "^ 

annual meeting of, when held 13 

notice for annual meeting of, how given .■ 13 

may borrow money 21 , 99-104 

judgment against, how collected 119-120 



SCHOOL FUND INCOME— 
(See Income of School Fund.) 



268 Index. 

Page. 
SCHOOLHOUSES— 

site of, how designated and established 20, 25, 105-107 

tax to build, how limited 20 , 22 , Z5 

may be sold 21 , 28 , 40 

district board to have the care of 41 

district board to provide appendages for 41 

district board to repair 41 

repairs on, may be ordered by county superintendent 76 

may be declared unfit for use 77 



SECTARIAN INSTRUCTION— 

not allowed in district schools 214 

SITE OF SCHOOL HOUSE— 

how designated 20 , 25 

how established in certain cases 105-107 

what lands may not be taken for 105, 107 

SCHOOL FUND— 

how formed, 213 

distribution of income of 181-185 



SPECIAL DISTRICT MEETING— 

notice for, how given 13 

how called 14 

tax or loan voted at, how collected 96 

STATE CERTIFICATES— 

provided for 66-68 

limited 68 

diplomas of graduates of state normal school, state uni- 
versity, and other colleges, when countersigned become.. 68-70 



STATE SUPERINTENDENT—.. 

powers and duties of 208-212 

to appoint agents to conduct institues — 205 

to apportion income of school fund 181 , 211 

not to apportion money in certain cases 181-182 

to approve maps, charts and school apparatus 42 



Index. :69 

Page. 
STATE SUPERINTENDENT— continued. 

to approve text-books on physiology and Iiygiene 60 

to approve the qualifications of principals and assistants of 

high schools 126 

to certify apportionment of school fund income 183 

to countersign diplomas of graduates of normal schools.... 69 

to countersign diplomas of graduates of the university 69 

to countersign diplomas of graduates of other colleges 69 

to decide appeals 211 

to designate counties in v/hich teachers' institutes shall be 

held 205 

to discourage the use of sectarian books and sectarian in- 
struction 210 

to distribute railroad maps 147 

to examine and license teachers C6-67 

to furnish amendments of school laws to districts 92 

to furnish school officers with blanks for their annual re- 
ports 92. 

to hold four conventions of county superintendents each year 211 

to make rules for the government of institutes 205 

to prescribe rules for libraries ' 210 

to prepare and publish courses of study 129 

to print, index and distribute laws relating to schools 210 

to secur.e uniformity of text books 210 

to recommend text books 210 

to recommend books for town libraries 112 

to re-examine teachers 64 

to supervise manual training schools 131 

STUDIES— 

to be taught in school 59 

in which applicants for certificates are to be examined.... 61-62 

in which principals of free high schools are examined 126 

effects of stimulants 60 

SUIT— 

district to give direction for prosecution of defense of.... 22, 32 

against district, director to defend 51 

SUPERVISORS— 

(See town board of supervisors, and county board of supervisors.) 



370 index. 



' Page. 
TAXES— 

to be raised by towns and cities for support of schools.... 181 

to raise money due new districts, liow assessed 10 

for scliool-liouse and site, limitation of 25-26 

for transportation of pupils to another school 22 

for payment of teachers' wages 20, 21, 22, 27 

for instruction of pupils in another district 22 

to pay district indebtedness 21 , 28 

for the purchase of maps, charts and apparatus 21, 28 

for district library 21,28 

not to be voted at special meeting unless three-fourths of 

the legal voters are notified of the meeting 14 

general district, how assessed and collected 96-97 

special district, how collected 96-97 

school-district, on what property to be assessed 96-97 

to pay judgment against district, how assesed and collected 119-120 

deficiency in levy to be made up 181 

total amount that may be levied by school-district 27 

for free high schools to be levied by board 127 

for free high schools may be limited by vote of the town.. 127 
for free high schools in joint districts may be limited by 

town boards of supervisors 127 



TEACHERS— 

tax for wages of, limited 20 , 21 , 22 , 27 

to keep register 72 

to report to district board and county superintendent 72 

to be examined and licensed 61, 65 

to forfeit wages for neglect to keep register 72 



TEACHERS' INSTITUTES— 

to be held by county superintendent 77 

expenses of, how provided for 205 

teachers may be allowed to attend 71 



TERMS— 

,of scjippl may be fixed by vote of district. 22, 31 



Index. 271 

/ Page. 
TEXT-BOOKS— 

district may authorize board to purchase 23, SO 

district beard to select 48 

to m&ke list of, file it with the clerk, and post it in the 

school room 48 

list of, adopted not to be changed for three years 49. 158 

penalty for changing the list of, adapted 43 

adopted by city and village board of education 158 

purchased by these boards on what conditions 158 

laws relating to 23, 30, 48, 158, 210 

TOWN BOARD OF DIRECTORS- 

provided for 167 

powers of • 167-168 

• 

TOWN BOARD OF SUPERVISORS— 

to form and alter school districts HI 

to issue notice for first meeting of 2 

to call meeting in district having no officers to call same 3 

to ascertain and determine the amount of property due new 

district 9-10 

to dispose of property of extinguished district 12 

to locate and establish schoolhouse site 105, 107 

to be fined for refusal to carry into effect any decision of 

state superintendent 144 

to consolidate districts 1 

TOWN CLERK— 

to fill vacancy in district board 36 

to make a report to county superintendent 90, 93 

to se that district clerks make correct reports 93 

to file reports and papers 93 

to record description of school-districts •. . 93 

to make a map of town 93 

to report name and postoffice of himself and of district clerks 

to county superintendent 93 

to apportion school moneys 93 , 184 , 185 

to re-apportion moneys not called for in a year 185 

to assess district taxes 97 

to assess tax to pay judgment against school-district,,,,,, 119 



272 Index. 

Page. 
TOWN TREASURER— 

to receive and pay out school money 93 

to certify to town clerk amount of school money in his 

hands 94 

to certify amount paid by him to districts previous year 94 

to prosecute county treasurer 94 

TOWNSHIP LIBRARY 112-118 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— 

provided for 167-180 

TRANSFER— 

of deficiency in county school tax 181 

TRANSPORTATION— 

of pupils 22 

TRUST FUNDS— 

loans may be made from 99-104 

TUITION— 

relating to 21,' 29 



LI. 

UNIVERSITY— 

of the state provided for 187 

laws in relation to 187-196 

appropriation for 195 , 196 

summer school of science 193 



VACANCY— 

in district board, how filled 36-40 

how may occur 37 



Index. 273 

' Page. 

VALUATION— 

of property in joint districts, to be equalized by town as- 
sessors - 96 

VISITING SCHOOLS— 

required of school officers 50, 76, 129, 130, 170, 209, 210 

VOTERS— 

who may be 15-17 



W. 

WAGES OF TEACHERS— 

tax voted to pay 20 , 27 

to be specified in contract 44 

public money to be applied in payment of 184 

when forfeited 181, 182 

WEBSTER'S DICTIONARY— 

how distributed 145 

forms of application for 240-242 

WOMEN— 

eligible as school officers 147 , 162 

may vote at elections on school matters 16 

18 



